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(영문) 수원지방법원 안양지원 2020.04.17 2019고단2050

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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. Around 04:00 on July 28, 2019, the Defendant, while under the influence of alcohol at a 0.134% of blood alcohol level, was driving a d hosting car at the section of approximately 21km from the road before Sinpo City, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is the Defendant.

At around 04:30 on July 28, 2019, the Defendant was unable to drive normally a road of 23 km along the Young-dong Highway located in the Sinpo-si, Sinpo-si, Sinpo-si due to the influence of alcohol by the blood alcohol level of 0.134%, and the Defendant continued to drive normally at a speed of two lanes in the middle of the three-lanes in the city of Incheon. A person who is engaged in driving on an expressway is obliged to accurately operate the steering direction and operation system of the vehicle, and drive the vehicle at a speed or method that may cause danger and harm to others according to the traffic situation of the road and the structure and performance of the vehicle, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation of the front road and safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and led the Defendant to the left part of the victim E(the age of 48) drive while driving in the front of the Defendant’s car. However, the Defendant left part of the right part of the victim E(the age of 48) drive in the front of the Defendant’s car.

As a result, the Defendant was negligent in neglecting his duty of care as a driver of a motor vehicle due to influence of drinking, and the Defendant suffered injury, such as the salt of the shoulder pipe, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of the occurrence of each traffic accident in E and G;

1. Certificates of diagnosis (E) 1.