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(영문) 수원지방법원 2020.09.24 2020고단3215

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 8, 2009, the defendant received a summary order of 700,000 won of a fine for a violation of the Road Traffic Act from the general military court of the first instance on July 8, 2009, and has the same criminal record once.

【Criminal Facts】

1. The defendant is a person who is engaged in the business of driving BM5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On March 21, 2020, the Defendant driven the above vehicle on March 21, 2020, and got into the road by driving 139-7, Suwon-si, Suwon-si, Suwon-si, and driving the road directly from the efficiencies to the efficiencies.

At this point, there is a cost of separation, and since motor vehicle traffic is frequent, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by observing the central separation zone and driving it on a normal lane in good manner.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.129%, she was able to drive normally due to the influence of alcohol such as being unable to walk, neglected to look at the front side without neglecting it, and entered a high-level direction by overcoming normal lanes and overcoming the center separation zone, and entered the back to the back direction. On the other hand, the part of the front part of the victim C(31 years old) driving, which was normally proceeding in the same manner as it was due to negligence, she was fluord with the front part of the driving of the said vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim, such as a fluoral fluoral fluor, which requires treatment for about 10 weeks, due to the above occupational negligence.

2. Around March 21, 2020, the Defendant was driving the said SM5 vehicle under the influence of alcohol content of 0.129% while under the influence of alcohol, from the front of the F restaurant in Goyang-si to the place indicated in the preceding paragraph, the Defendant was driving the said SM5 vehicle from the front of the F restaurant in Goyang-si E to the place indicated in the preceding paragraph.

In this respect.