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(영문) 수원지방법원 2020.10.15 2019고단1827
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

【Criminal Power】 On May 2, 2008, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving), etc., and on March 30, 201, the same court issued a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the same court on March 30, 201 and received a summary order of KRW 2.5 million.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B with B test.

1. Around 18:10 on March 12, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven a car with the above test while under the influence of alcohol content of approximately 0.165% at a section of about 5km from a main point where it is impossible to identify the trade name in the early east-dong of Osan City to the front of the D logistics warehouse located in Osung-si C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) the Defendant, while under the influence of alcohol, driven a car with the above test in one way in front of D logistics warehouse C at the time of the temporary border stated in Paragraph 1, and proceeded along one way from the direction of the Osan to the south of the Osan.

In this case, the driver of the motor vehicle has a duty of care to operate the motor vehicle safely without harming the central line by accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the steering gear, and the part of the front left left side of the vehicle of the Defendant was driven by the victim E(32 years old) driving in the direction opposite to the Defendant’s vehicle due to the negligence of driving the central line, which led to the Defendant’s failure to navigate the steering gear, and was driven in the direction opposite to the Defendant’s vehicle.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, was driving the motor vehicle with the above test, and the Defendant suffered injury, such as climatic salt, which requires approximately two weeks medical treatment.

Summary of Evidence

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