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(영문) 수원지방법원 안산지원 2020.06.12 2020고단447

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

The Defendant is a person who is engaged in driving a Grand City Vehicle B.

1. On April 24, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act as a crime of violation of the provisions of the Road Traffic Act in the support of water supply and mountain.

On December 20, 2019, at around 21:20, the Defendant driven the said vehicle at approximately 50 meters from the Do in front of the D Association located in Ansan-si, Ansan-si, to the same front of E, while under the influence of alcohol 0.124% of alcohol level.

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

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said vehicle under the influence of alcohol level of 0.124% at the same time and continued to turn to the left from the direction of apartment in G from the direction of the F station in Ansan-si.

At that time, there was a cross-section where traffic control is not performed, so if a person engaged in driving service intends to make a left-hand turn, he/she has a duty of care to accurately examine whether there is a vehicle going through the cross-section and drive safely.

Nevertheless, the Defendant neglected this and neglected the horses and received the front side of the Defendant’s vehicle in front of the part of the right side of the Ignish Hagnish driveed by the victim H (Ign, 39 years old) who was under duty at the right side without checking the left and right at the time of difficult driving due to influence of drinking, such as a string distance.

As a result, the Defendant suffered from the injury of the victim J (Nam, 19 years old) who was on the part of the victim H and the damaged vehicle due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking, such as the climatic and the pelvisal dump that require two-day medical treatment, respectively.

Summary of Evidence

1. The defendant's legal statement; 1.1.