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(영문) 수원지방법원 안양지원 2020.04.09 2019고단2569
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On July 14, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-Wood vehicle.

On October 26, 2019, the Defendant driven the said car at a 0.105% alcohol concentration of blood around 02:24, while under the influence of alcohol on October 26, 2019, and led the Defendant to drive the said car at an unfluened speed depending on the side side of the three-lane road located at a 28 km point in the Young-dong Highway, which is located at the king-si of Gyeonggi-do.

At the time, at night, road works are under way at the front door, and the length is finished, so the defendant engaged in driving service has a duty of care to prevent accidents in advance by safely manipulating the front door and the left door and the right door, and safely manipulating the steering direction and the brake system.

Nevertheless, the Defendant, while having difficulty in driving normally due to the above influence of alcohol, was negligent in performing the above duty of care, and was negligent in changing the vehicle from the side to the three-lanes from the side of the Defendant’s side, and the victim C(the age of 46) (the age of 46) who was driving along three-lanes from the left side of the D Freight driven by the Defendant, with the left side of the D Freight driven by the Defendant.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving regulations, and sustained injury to the victim by negligence in the course of performing duties, such as the salt, tension, etc. in the breathy in need of treatment for about two weeks under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and (2), a traffic accident occurrence report, a report on the actual state of a drinking driver, a report on the results of the drinking control, a field photograph and a medical certificate;

1. Previous convictions indicated in the judgment: Criminal history records (A) and investigation reports (a summary order attached to the suspect's records of driving under influence of alcohol).

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