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(영문) 수원지방법원 평택지원 2020.06.18 2019고단1653
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On February 13, 2015, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,50,00 for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.

【Criminal Facts】

1. The defendant is a person engaged in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

The Defendant, around 01:00 on September 24, 2019, driven the said car while driving it was difficult to drive it normally due to the influence of alcohol, since the blood alcohol level in front of the D Chinese house located in Pyeongtaek-si C came to 0.112%.

There is a duty of care to prevent accidents by using brakes, steering devices and other devices as appropriate for those who drive a motor vehicle as a general road with no car line.

Nevertheless, due to negligence of neglecting the above duty of care, the Defendant received the left side of the F taxi driven by the victim E (Nam, 61 years old) who was directly driven by the Defendant’s driver’s vehicle from the right-hand side of the driver’s vehicle, and caused the victim to suffer the injury of the fluor, fluor, and fluor, requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1), and at the place specified in paragraph (1), the Defendant driven a vehicle specified in paragraph (1) while under the influence of 0.112% of alcohol level, thereby violating the prohibition of drunk driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the police statement of E, traffic accident report (on-site investigation report), traffic accident situation report, the circumstantial statement of the drinking driver, investigation report (on-site accident report of the drinking driver), the diagnosis report on the results of the crackdown on drunk driving, and the images of CCTV images for crime prevention;

1. Previous convictions: Inquiry into records of crimes and investigation experience of foreigners, the background of disposition, and the application of Acts and subordinate statutes reporting results;

1. Specific crimes under the relevant Act regarding criminal facts.

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