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(영문) 수원지방법원 2020.12.17 2020고단3610
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than 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 April 17, 2020, the Defendant was issued a summary order of KRW 7 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

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 a passenger car Benz S50;

On May 9, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.184% 0.184% on May 22, 2020, and led to the driving of the said car along the five-lane road in front of D Elementary School in Ethical C in Ethical City C along the three-lane road from Ethical IIC bank.

In such cases, the driver has a duty of care to properly manipulate the steering direction and brakes to prevent accidents, and to prevent accidents.

Nevertheless, under the foregoing circumstances, the Defendant was negligent in driving while driving a motor vehicle in a state that is difficult to drive normally and due to the negligence of driving the motor vehicle on the front side of the Defendant’s vehicle, and received the front side of the victim E (ma, 24 years old) who stops in accordance with the new subparagraph.

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

2. Around May 22, 2020, the Defendant driven the said Benz’s car in a state of alcohol alcohol level of about 2 km from the front of G to the front road of D elementary school located in C in C in C in C in C in C in a state of alcohol level of about 0.184% from May 9, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a report on the occurrence of a traffic accident, a related photograph, a notification and output of the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, an investigation report, an investigation report (receiving a victim's diagnosis report and a written estimate);

1. Previous convictions in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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