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(영문) 수원지방법원성남지원 2020.08.19 2020고단667
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

[Criminal Power] On December 21, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution on the grounds of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and violation of the Road Traffic Act by the Seoul East District Court

【Criminal Facts】

1. Around 05:00 on February 13, 2020, the Defendant driven a passenger car with two km alcohol concentration at approximately 2km from the section of approximately 2km from the 05:0 to the road in front of the second public parking lot of the gold mine of approximately 434, in accordance with the mountain of Jungwon-gu, Jungwon-gu, Sungnam-gu, Sungnam-gu.

After all, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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

On February 13, 2020, the Defendant driven the said car while under the influence of alcohol 0.121% of blood alcohol concentration around 05:00, and led to a bypassing the front road of the gold-luminous 2 public parking lot located in 434, in accordance with the sannam-gu, Sungnam-gu, Sungnam-gu.

At the time, the center line of the yellow-ray is installed at night, and there is a duty of care to look well at the right and the left and right of the driver, and to safely bypass according to the edge of the road, and to prevent the accident by safelypassing according to the edge of the road.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 63) who spawned the center line due to the negligence of bypassing the center line while neglecting the front line, and was driven by the victim D (year 63) prior to the left-hand panion of the E-Poter cargo vehicle.

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as the inside and outside of the inner area, which requires a medical treatment for about two weeks.

Summary of Evidence

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