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(영문) 수원지방법원 안산지원 2020.06.17 2020고단713

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for two years.

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

1. Around 02:20 on December 15, 2019, the Defendant driven C A4 car while under the influence of alcohol at about 0.215% (blood appraisal result: 0.215%, and 0.163%) of alcohol in the 1km section from the roads near the station located in the straight line of the members of Ansan-si, Ansan-si to the road in front of the same Gu B apartment.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a CAD A4 car.

The defendant driving the above car and led to the road of three-lanes in front of the member B apartment in Ansan-gu in Ansan-gu.

Since there is a large distance crossing where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a person to build a crosswalk in accordance with the new code.

Nevertheless, the Defendant was negligent in driving in violation of the signal while normal driving due to influence of drinking, and the Defendant got the victim D ( South and 46 years old) who dried the crosswalk in accordance with the Mad pedestrian signals.

Ultimately, the Defendant suffered injury to the above victim by negligence in the above business, such as cutting off 3 double sacratization of the right side, which requires treatment for about six weeks.

Summary of Evidence

1. The protocol of the police statement concerning D's legal statement, the report on the actual condition of the police investigation, the report on the request for appraisal, and the medical certificate on blood alcohol;

1. Application of on-site photographs, CCTV video files CDs and caps-fagic Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up a long-term punishment);

1. The Criminal Act, the suspension of execution;