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(영문) 수원지방법원 안산지원 2020.06.17 2020고단1033

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Around October 21, 2019, the Defendant was driving a CDap Motor Vehicle from an influent area below the members of an Ansan-si to the front road, where he was under the influence of alcohol at a level of 0.172% of blood alcohol level on October 3, 2019 to a level of 0.172% of alcohol level.

2. On October 203, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said multi-use vehicle with a blood alcohol concentration of 0.172% under the influence of alcohol around 20:45 on October 203, 2019, and driving the said multi-use vehicle along the two-lanes in the direction E from the D direction.

In such a case, a person engaged in driving a motor vehicle has a duty of care to take full account of the front side and left side and right side and to prevent accidents by operating the operation of the system and steering gear accurately.

Nevertheless, the Defendant neglected to do so and was parked in front of the same direction as that of the victim F (Nam, 28 years old) parked in front of the same direction of the drinking by negligence, and received the back portion of the passenger car in front of the Defendant’s car.

In the end, the Defendant rhythm of the horses, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, such as a little red and rain, and at the same time, neglecting the duty of care as a driver of a motor vehicle, thereby causing injury to the above victim F, 5 and 6 times the number of days of treatment cannot be identified, and the same victim H (V, 39 years of age) who was accompanied by the head of the damaged motor vehicle for about 8 weeks, suffered injury, such as a chest pressure pressure string, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement H and F of each police statement to the defendant H and F of the traffic accident report, the situation statement of the driver, the report on the record of drinking alcohol measurement results, and the diagnosis report (H) and the examination report (S) of each photograph list;

1. Relevant Articles 148-2(3)2 and 44 of the Road Traffic Act concerning criminal facts;