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(영문) 수원지방법원 평택지원 2021.02.09 2020고단2247

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 30, 2020, the Defendant, in violation of the Road Traffic Act, driven CA car while under the influence of alcohol leveling 0.236% of blood alcohol level in the front of the road B around about 500 meters at the safe-time road around 14:34 on August 30, 202.

2. The Defendant is a person who is engaged in driving a C car in violation of the Punishment Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 30, 2020, the Defendant was under the influence of alcohol as stated in paragraph 1 of around 14:34 around 14:34, and was under the influence of alcohol to the cage of the cage of the same place from the D room.

Since there was a vehicle standing on the front side of the Defendant’s vehicle, there was a duty of care to reduce the speed and to ensure that it does not conflict with other vehicles by checking well the front side of the vehicle.

Nevertheless, the Defendant: (a) neglected to drive under normal conditions such as heavy walking and smelling heavy walking, and breathing snow, etc.; and (b) neglected to drive under the influence of normal conditions; (c) neglected to do so; and (d) neglected to do so; and (d) received the part of the lower part of the Defendant’s vehicle driving ahead of the car.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment by the victim G (V, 42 years of age) who was on board a damaged vehicle due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement, the investigation report on the actual traffic accident, the report on the occurrence of a traffic accident, the notification of the results of regulating the driving of alcohol, the report on the circumstances of the driver under the influence of alcohol, the investigation report (victim E telephone), the investigation report (victim Ephone image), the report on the investigation (receiving of a diagnosis report), the report on the investigation (receiving of a diagnosis report);

1. Article 5-11(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(3)1 and Article 44 of the Road Traffic Act, which provides for the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment for the crime.