(영문) 수원지방법원안양지원 2020.11.18 2020고단1547

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(영문) 수원지방법원안양지원 2020.11.18 2020고단1547

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 15:38 July 25, 2020, the Defendant driving a D-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) is a person engaged in driving a motor vehicle.

On July 25, 2020, the Defendant driven the said car under the influence of alcohol level of 0.240% on blood alcohol level around 15:38, while driving the said car, and driven the two-lanes from three-lanes of the king Cang-si, Goang-si, Goang-si, Goang-si, Goang-si, Goang-do, at the exit of the police station from the king basin to the king-si.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as making it possible for a person engaged in driving a motor vehicle to live well in that situation, securing a safe distance to avoid a stop of the motor vehicle, and driving the motor vehicle at the same time, because the Defendant had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to the above influence of drinking, and found it late to stop the car of the said victim according to the stop signal on the front side, and received the part of the Defendant’s vehicle behind the said victim’s vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that is difficult to drive normally, and suffered injury, such as the victim E, the victim G (the 32 years old), and the victim H (the 31 years old) who are in need of medical treatment for about two weeks, by driving the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A traffic accident report (1), (2), and (3);

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-수원지방법원 안양지원 2018.10.10 2018고단778