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(영문) 수원지방법원 2020.10.22 2020고단4462
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the driving of B knife vehicle in violation of the Aggravated Punishment, etc. of Specific Crimes;

On June 15, 2020, the Defendant driven the above vehicle at around 14:25, and led the D neighboring road in Young-gu, Young-gu, Suwon-si, to go straight from the offline of the Sinpo-si, to the offline of the straight line.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the person engaged in the driver's duty.

Nevertheless, the Defendant classified the blood alcohol level into two 0.205% under the influence of alcohol. The Defendant, due to the insular distance, etc., did not see the front side in the situation where normal driving is difficult due to influence of alcohol, and caused the Defendant’s negligence that caused the victim E (the 33-year-old driver) who was under the waiting stop in the front side of the signal-learning vehicle to the right side of the Defendant’s driving vehicle.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim G (the 58-year old-age), who was a passenger of E and the frighting motor vehicle, for approximately two weeks of medical treatment, such as salt and tensions, and the injury to the same victim H (the 1-year-age-old-age-old-old-old-old-age-old-age-old-age-old-age-related-related-related-related-related-

2. On June 15, 2020, the Defendant: (a) driven a car under the influence of alcohol with approximately two km alcohol concentration of about 0.205% in the section of approximately two km from the first road to the place indicated in the preceding paragraph on the roads near Yong-si, Young-gu; (b) the Defendant driven the car under the influence of alcohol with alcohol level of about 0.205%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each medical certificate and written confirmation of medical treatment;

1. Application of Acts and subordinate statutes to notification of traffic accident reports, inspection reports on the circumstances of a drinking driver, investigation reports on a drinking driver, and regulations to notify the results of the regulation of drinking driving;

1. Relevant provisions concerning facts constituting an offense;

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