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(영문) 수원지방법원 안양지원 2020.01.15 2019고단1940
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2015, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

The defendant is a person who is engaged in driving a BM5 car.

On July 13, 2019, the Defendant driven the said car while under the influence of alcohol 0.111% of alcohol level around 16:53 on July 13, 2019, and was in the direct control of the intersection of the White Children Park in front of the White-gu, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely examining the boom.

Nevertheless, the Defendant neglected this and got a bicycle driven by the victim C ( South and in the age of 13) who enters the intersection beyond the central line in the direction of street death distance from the Magdong Park Park Tri-gate of the road where normal driving is difficult due to negligence in the course of driving while under the influence of alcohol, and suffered an injury, such as the mouth of the body of the flake, which requires approximately 16 weeks of treatment.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving, and driven a motor vehicle under the influence of alcohol which makes it difficult to drive normally, thereby causing the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Reports of traffic accidents, reports on the circumstances of a drinking driver, copies of reports on the circumstances of a drinking driver, and notification of the results of the control of drinking driving;

1. A medical certificate (C);

1. Application of Visual Cd legislation

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 of the Road Traffic Act concerning criminal facts, and the choice of punishment.

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