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(영문) 수원지방법원 여주지원 2020.03.31 2020고단250
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 June 8, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

1. Around 17:08 on October 20, 2019, the Defendant driven a e-learning car under the influence of alcohol of about 0.301% from the road front of the “C” in Ison-si B to the road front of the “D apartment at the same time.” On October 20, 2019, the Defendant was driving the e-learning car under the influence of alcohol of about 2.5km.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to reduce speed and to properly operate steering devices and brakes accurately, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected this and was negligent in driving in the state of drinking, as set forth in Paragraph 1, and received the back part of the G Track's car driven by the victim F (F, who is 38 years old) who was driving in the front of the Defendant, as the front part of the said Track's car.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim by negligence in the course of business to suffer from an injury, such as climatic salt, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement of the employee;

1. The statement concerning F;

1. A medical certificate;

1. Inquiries, such as criminal records, and application of Acts and subordinate statutes on investigation reports (verification of suspect criminal records);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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