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(영문) 수원지방법원 안산지원 2021.01.13 2020고단3193
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person who is engaged in driving of freight Class B Ⅱ in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 5, 2020, the Defendant driven the above cargo vehicle under the influence of alcohol level of 0.112% in the blood, and driven the above cargo vehicle in the direction of a shooting distance from D direction, while under the influence of alcohol level of 0.112%.

At the time, it is an intersection where a signal is installed at night and at this time, so in such a case, the driver of the motor vehicle had a duty of care to see the front door well and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes properly, caused the victim E ( South, 26 years old) who was in the atmosphere of signal at the front of the signal, and caused the panion to the front of the freight vehicle of the Defendant.

Ultimately, the Defendant driven the said cargo vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim, such as “influent sugar with no open one,” which requires approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B Poter Ⅱ in the state of alcohol alcohol concentration of approximately 0.112% at the section of approximately 1km from the Gu of the Do of the Do of Ansan-si, Ansan-si, Ansan-si, Ansan-si, Masan-si, and the upper road of the Gu of Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Reports on traffic accidents, reports on the circumstances of the driver in charge, diagnosis certificates, and photographs related to each accident;

1. Application of Acts and subordinate statutes to a report of investigation (victim E telephone call);

1. Article 5-11(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, etc. (a) and Articles 148-2(3)2 and 44(1) (b) of the Road Traffic Act

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