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(영문) 대전지방법원서산지원 2020.10.29 2020고단373
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

[Criminal Power] On December 14, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on December 14, 2015

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a car B K5 car;

On April 1, 2020, at around 01:20, the Defendant driven the said car under the influence of alcohol with 0.160% of alcohol concentration 0.160%, and driven the road of one lane in front of the Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, in the direction D, at an indefinite speed in the direction of the oil station.

At night at the time, and on the right side of the road, GM3 car driven by the victim F (n, 41 years old) was stopped, there was a duty of care to look at the front side and the right side, and to properly manipulate the steering and the steering system to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the defendant neglected to stop on the right side of the road while driving the vehicle, followed by the above SM3 car which was stopped on the right side of the road, and received the part on the right side of the vehicle in front of the vehicle.

Ultimately, the Defendant driving the said car and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about six weeks.

2. Around 01:20 on April 1, 2020, the Defendant driven a B K5 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.160% at the section of approximately 50 meters in front of the road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The application of the Acts and subordinate statutes to the defendant's statutory statement, traffic accident, actual condition investigation, and notification of the results of the drinking driving control to the scene of the accident, the photograph, the video accident, and the criminal record inquiry report, the previous report and the results of confirmation;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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