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(영문) 수원지방법원안양지원 2020.11.05 2020고단1440
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 10:05 on July 15, 2020, the Defendant driven a benz car under the influence of alcohol concentration of approximately 0.197% in the section of about 10 meters from the 10m to the front day of the Hareon-to-small and Medium Enterprise Administration, which is located in the Cheong Chang-Eup, the petition-to-Eup at the Cheongju-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant driving of B B B Benz automobiles while under the influence of alcohol concentration of 0.197% in front of the “Yong Chang-Eup Small and Medium Business Administration” located in the petition-gu Seoul Special Metropolitan City, Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, and proceeded with Bbenz automobiles at an insular speed from Chumb

Since there are no signals, in such cases, the driver of the motor vehicle has the duty of care to prevent accidents in advance by accurately manipulating the steering area and the steering gear of the motor vehicle and accurately.

Nevertheless, the defendant neglected this and was driven by the victim D (I, 38 years old) who was driving on the right side of the defendant's driving direction due to the negligence that the defendant was under the influence of alcohol, and was driven by the victim D (I, 38 years old) in front of the right side of the vehicle of the defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have two open measures for treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Notification of the control of drinking driving;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and imprisonment with prison labor, respectively;

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