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(영문) 수원지방법원 2020.10.15 2020고단3969

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the business of driving B franchise motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 23, 2020, the Defendant driven the above vehicle on May 23, 2020, and led to the passage of the road in the vicinity of the wife C from the D store room to the area of the south valley distance.

It is a road where the center line of yellow solid lines is installed, and since motor vehicle traffic is frequent, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking the front line and the left and right, and by maintaining the center line.

Nevertheless, the Defendant, while under the influence of blood alcohol level 0.246%, fluored 0.246%, neglected to drive normally due to the influence of drinking, such as snow with red shocking, and did not look at the front room properly. On the left side of the victim E (the age of 66) driving driven on the opposite lane by neglecting the center line and by neglecting the center line, the lower part of the Defendant’s driving hyst part of the victim G (the age of 38) driving driven on the rear side of the said vehicle was shocked with the front part of the said vehicle, and continued to shock the front part of the said vehicle by the Defendant.

As a result, the Defendant suffered injury to the victims, such as climatic salt, etc., for about two weeks of medical treatment due to such occupational negligence.

2. Around May 23, 2020, the Defendant was driving a franchise vehicle under the influence of alcohol leveling 0.246% of alcohol level in the section of about 10km from the J Hospital Funeral Center adjacent to the J Hospital funeral hall located in O in O in O in Osan-si to the place indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Each written diagnosis;

1. A traffic accident report, a alcohol measurement photograph, and a drinking driver;