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(영문) 수원지방법원 평택지원 2020.05.19 2019고단1749
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. Around 18:30 on September 26, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the Crane car under the influence of alcohol concentration of 0.207% on the three-lane roads in front of Pyeongtaek-si B, and driving the Crane car at the speed of 20 km to 30 km from the direction of non-exclusive and underground streets.

Since there are frequent traffic of vehicles, in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the brakes by living well around the person engaged in driving business.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the front-round city and the brake system under the influence of alcohol, the Defendant was sent to the front-round vehicle of the victim E (W, 30 years old) who was waiting at the front-round drive of the Defendant’s vehicle in the front-round drive of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim G (the 34 years old) who is the same passenger of the victim E and the damaged vehicle, respectively, for about two weeks of medical treatment.

2. The Defendant, in violation of the Road Traffic Act, driven a C-low-income vehicle under the influence of alcohol with a blood alcohol concentration of 0.207% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A survey report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on the circumstantial statement of a drinking driver, an investigation report, and an appraisal report on blood alcohol;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning the crime, and Article 148-2 (3) 1 of the Road Traffic Act (the point of a sound driving);

1. Commercial concurrence;

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