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(영문) 수원지방법원안산지원 2020.12.16 2020고단3278

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

Reasons

Punishment of the crime

[criminal power] On October 5, 2018, the Defendant received a summary order of a fine of three million won from the Seoul Western District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. A person who is engaged in driving a motor vehicle in the field B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes;

On March 15, 2020, at around 20:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.133% of blood alcohol concentration, and continued the four-lane water industrial road in front of the common sense of Ansan-gu, Ansan-si, the head of the Sinsan-si along the four-lane water level from the waterside to the Incheon bank.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by safely driving the steering on the right and the right and the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the above duty of care in a state where the Defendant is unable to drive normally with a strong string and red red, and the part of the Eone Star Corpicker, which is driven by the victim D (ma, 41 years old) who is in the atmosphere signaled in the bend of the bend of the Defendant’s vehicle, was shocked with the front part of the vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks by negligence in the course of performing the above duties, and escaped without taking necessary measures, such as aiding the victim.

2. A violation of the Road Traffic Act (driving) shall be committed by the Defendant on the road in front of Ansan-si, Ansan-si, the Masan-si, the Mansan-si, the Mansan-si, the 0.13% alcohol level of the blood alcohol level at the time and time specified in paragraph (1).