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(영문) 수원지방법원 안산지원 2020.06.17 2020고단1086
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

1. On May 21, 2018, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support on May 21, 2018.

On February 12, 2020, at around 02:10, the Defendant driven C Lasta car with the blood alcohol concentration of about 0.105% from the 3km section of approximately 3km from the front of the members of Ansan-si to the roads prior to the training center shooting distance of the same Gu.

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

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a rocketing car.

On February 12, 2020, at around 02:10, the Defendant driven the said car while under the influence of alcohol, as described in Paragraph 1, and proceeded at approximately 40km/h speed, depending on the first four-lanes from the inner bank of Ansan to the inner bank of the 993-7 distance of training institute in Ansan-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering system and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, tried to see the back of the E K5-tax operated by the victim D (Nam, 56 years old) who was stopped for traffic signal atmosphere in the three-lane in the event that it is difficult to drive normally due to the influence of drinking, such as that the Defendant was fluoring the horses, fluoring the body, fluoring the body, and fluoring the snow.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. The report on the actual condition of a drinking driver, the report on the circumstantial statement, the diagnosis report on the control of drinking driving, and the accident video and on-site photograph;

1. Judgment.

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