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(영문) 수원지방법원 2020.12.11 2020고단3773
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

[Criminal Power] On January 18, 2017, the Defendant received a summary order of KRW 4 million from the Suwon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving a KS7 car.

1. On May 3, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol concentration of 0.159% on the roads near Suwon-si C in Suwon-si, Suwon-si, and led the said car to be driven from the surface of the estuary-gu park to the air-conditioning.

At night, the above road is a side-way with no median line, and since there are many vehicles parked on both sides of the road, the person engaged in driving duty has a duty of care to prevent accidents by thoroughly examining the traffic situation before and after the road, and driving safely and safely.

Nevertheless, the Defendant, under the influence of alcohol, had a conflict between the victim D (mama, 18 years old) driving due to negligence in driving while normal operation is difficult, and the GDPR125 Obama of the victim D (mama, 18 years old).

Ultimately, the Defendant suffered injury to the victim, such as the peltoma, which requires approximately four weeks of medical treatment, due to such occupational negligence.

2. Around 23:20 on May 3, 2020, the Defendant driven the said K7 vehicle under the influence of alcohol by 0.159% in the section of about 500 meters from the G elementary school located in F in the sphere of Suwon-si to the road near C in the same city area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of occurrence of a traffic accident prepared by H;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the results of the control of drinking and driving, a report on the circumstantial statements of a drinking driver, an investigation report, an inquiry report, an inquiry into the vehicle, and a detailed statement of handling cases;

1. A hospital diagnostic certificate;

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