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(영문) 수원지방법원 안산지원 2020.05.15 2019고단4712
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 2, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving motor vehicles B.

On November 16, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.147% 0.147% around 06:02, while driving the said car, and driving the two-lane from the four-lane road in front of D in front of D located in the Lighting-si, the Defendant straighted the two-lane from the 5-lane 4-lane off of the Haan-ro 5-lane.

All drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and even in the case of driving, they have a duty of care to take care of the front, rear and left well, and to prevent accidents by accurately manipulating the steering direction and brake system in advance.

Nevertheless, the Defendant, under the influence of alcohol, was unable to drive in a state where normal driving is difficult due to the influence of alcohol, and did not look at the front side of the vehicle while driving in the direction of driving due to occupational negligence and did not look at the front side, and brought the back part of the F MTC freight vehicle of the victim E(the age of 51) who was under stopping to wait for signal at the front side of the vehicle in the direction of driving.

Ultimately, the Defendant suffered from the injury of the victim G (the 37 years of age) who was accompanied by the victim E and the above cargo due to the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle B in the state of alcohol with the blood alcohol concentration of about 0.147% at the section of about 600 meters from the H district at the time of the temporary warning as set forth in paragraph (1) to the front road located in D in the luminous-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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