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(영문) 수원지방법원성남지원 2020.11.26 2020고단1938
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle Bnicus;

On January 17, 2020, the Defendant driven the above vehicle under the influence of alcohol of 0.104% with a blood alcohol concentration of 0.104% 0.10% on January 17, 202, and changed the course to a two-lane while driving the three-lanes of the 20.6km point at the 20.6km down of the Seoul Southern-si Highway.

At the time, it is a new wall, and since the vehicle traffic is frequent, there was a duty of care to prevent accidents by accurately manipulating the front door and the left and right of the driver of the vehicle, and by accurately manipulating the steering and steering devices.

Nevertheless, under the influence of alcohol, the Defendant neglected the course while changing the course, and caused the part of the victim C (the 26-year-old driver) driving in the same direction as the Defendant due to the negligence of sudden stopping.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc. in need of treatment for about three weeks, to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a Bnicoo vehicle in the state of under the influence of alcohol by 0.104% at the section of about 5km from the section of approximately 5km of blood alcohol level to the point where it is located at the point where it is located 20.6km from the insular area of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu to the first day of lower-nam City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Blue cambox images, blue images images, photofafics, accident site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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