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(영문) 수원지방법원 2020.05.15 2019고단7656
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

On July 17, 2014, the Defendant was issued a summary order of a fine of KRW 6 million for the violation of the Road Traffic Act, etc. in the Suwon District Court's Ansan Branch.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a M& car

On November 10, 2019, the Defendant, while driving the said vehicle under the influence of alcohol of 0.181% of blood alcohol concentration on 08:55 on November 10, 2019, changed the course from the right edge to the right edge while driving the intersection of the shooting distance in the Nowon-gu, Nowon-gu, Nowon-gu, Nowon-gu, the Defendant changed the course to the right edge from the right edge.

In such cases, a driver of a motor vehicle has a duty of care to drive the motor vehicle in accordance with the surface indication, and to properly see the front side and the left side and the left side, and to accurately operate the steering direction and the brake system.

Nevertheless, under the influence of alcohol such as a red and rhym rhym, the Defendant neglected to drive the vehicle in a state of difficulty due to the influence of alcohol, and was driven by the victim D (the age of 60) who was straighted from the right side of the Defendant’s change due to negligence, thereby facing the left side part of the vehicle, and suffered injury, such as chills and tensions, which require approximately three weeks of treatment on the right side of the Defendant.

2. A violation of the Road Traffic Act (driving) even though the Defendant violated the prohibition of drinking under the above provision, the Defendant again driven a mast car at a level of about 11 km from the front of the F-Do in the city of Sinsan-si to the front road of the member G in Ansan-si, Ansan-si, with a blood alcohol concentration of about 0.181% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and photographs related to accidents;

1.Notification of the results of the drinking driving control, the report on the circumstances of drinking drivers, and

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