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(영문) 수원지방법원안양지원 2020.10.16 2020고단1131

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Justice] On May 15, 2015, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Gyeyang-gu District Court on May 15, 2015, and there are two criminal records for drunk driving.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B SP car.

On May 30, 2020, at around 09:00, the Defendant driven the said car under the influence of alcohol of 0.186% of blood alcohol concentration, and was in the Mayang-gu C at Annyang-si, Annyang-si, the Defendant driven the front road from the right angle to the walthm distance.

In such a case, although a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle along the vehicle line by accurately operating the steering gear and steering the steering gear, the defendant neglected to do so while under the influence of alcohol, and thereby, caused the negligence of driving the motor vehicle in the front section of the motor vehicle of the victim E (ma, 37 years old) which was under the drive of the motor vehicle for traffic signals at the front section of the motor vehicle of the spak vehicle.

After all, the Defendant driven the above SP car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. of the damage caused to the victim, which requires approximately two weeks of medical treatment.

2. Around 09:00 on May 30, 2020, the Defendant driven a spke car as stated in paragraph (1) of the Road Traffic Act, while under the influence of alcohol of about 80 meters from a distance of about 0.186% from a distance of 80 meters to D’s front roads located in the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report and an employer;