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(영문) 수원지방법원평택지원 2020.12.18 2020고단1230
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B rocketing and other automobiles.

On December 21, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.128% at around 02:30 on December 21, 2019, and led it to the E-section from the seat of the hospital according to the two lanes of the 3rd line road in Pyeongtaek-si Seoul Building.

Since there is an intersection in which red flag is operated, the driver of the vehicle temporarily stops before entering the intersection and has a duty of care to prevent the accident by checking well the right and the right of the vehicle. However, under the influence of alcohol, the defendant was led to the driver of the vehicle by the negligence of immediately keeping the vehicle of the defendant at the right side of the vehicle of the defendant's vehicle without temporarily stopping prior to entering the intersection and by the negligence of the defendant to the right side of the vehicle of the victim F (F, South, 57 years old) who was directly left from the right side of the vehicle of the defendant, and received the front part of the right side of the vehicle

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately two weeks of medical treatment.

2. On March 21, 2016, the Defendant was subject to a disposition of suspension of indictment for a violation of the Road Traffic Act at the office of the horizontal Housing Site Office of the Suwon District Prosecutors' Office on March 21, 2016.

At around 02:30 on December 21, 2019, the Defendant driven B rocketing car with approximately 50 meters alcohol concentration 0.128% while under the influence of alcohol from the 50-meter section to the place under paragraph (1).

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. An accident site photograph;

1. The circumstantial statement statement and investigation report (the circumstantial report of the home-employed driver) 1.

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