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(영문) 수원지방법원 성남지원 2021.02.10 2020고단3638
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and is engaged in driving a car at the BNA.

On August 16, 2020, the Defendant driven the said car under the influence of alcohol level of 0.121% from blood transfusion around 23:40 on August 16, 202, and entered the road for one-way traffic in front of Mapopo City C.

At the time, since the road that the defendant entered is night and the road that the defendant entered is a one-way road, a person engaged in driving service has a duty of care to check the road signs, and to check the safety of the course before and after moving back, and to check the safety of the course when moving out the road that has been mistakenly entered.

Nevertheless, Defendant E (the 24 years old) was driven by the victim E (the 24 years old) who was under the stop by reporting that Defendant E (the 24 years old), while driving his vehicle was stopped due to the negligence of driving the vehicle in a state where normal driving is difficult due to the influence of drinking, without a proper view.

F) The front part of the F-Adi vehicle was received as the next part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately two weeks of medical treatment, and the balone’s balone, and the balone’s balone’s balone, by negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle at a section of about 100 meters from the public parking lot of Popopo City located in G in G in a wooden-si with a level of alcohol content of 0.121% from the day indicated in paragraph (1) to the front one-way road located in C in G in G in G in a wooden-si with a view to alcohol leveling to 0.121%.

Summary of Evidence

1. Statement by the defendant in court;

1. The E’s written statement shall contain a traffic accident report, each field photograph, actual condition survey report, traffic accident internal investigation report, investigation report, circumstantial report, and diagnosis report on the results of drinking control.

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