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(영문) 수원지방법원평택지원 2020.12.23 2020고단1818

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 16, 2013, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act from the Seogu District Court Branch.

1. Around 22:25 on July 3, 2020, the Defendant driven a e-car under the influence of alcohol with a blood alcohol concentration of 0.182% from the front of the “C” road located in Pyeongtaek-si B to the front of Pyeongtaek-si D.

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

2. The defendant is a person who is engaged in driving a motor vehicle with high risk driving, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 3, 2020, the Defendant was driving the said car on July 22:25, 2020, while making a U.S. drivership on the front of Pyeongtaek-si D and proceeded along the two-lanes in the direction of the non-exclusive and underground street.

At the time, the driver was under the duty of care to prevent the accident due to the fact that the driver of the motor vehicle was at night, and therefore, the driver of the motor vehicle had a duty of care to prevent the accident by checking well.

Nevertheless, as described in Paragraph 1, the Defendant neglected to drive normally due to the influence of alcohol and did not see the victim FF (ma, 37 years old)'s GH car in the front room, and did not see the above fright passenger car in front of the left side of the above fright passenger car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury to the victim F and the victim H (the 29-year old-old-age-old-age-old-age-of-age-of-age-age-of-the-counter-age-of-age-age-of-age-age-of-age-of-age-of-age-age-of-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of

Summary of Evidence

1. Statement of the police statement concerning F of the defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the results of drinking control;

1. The actual condition survey report, respectively;

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