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(영문) 수원지방법원 2020.07.23 2020고단3142
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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 April 23, 2014, the Defendant was a person who had the same criminal records and two times of criminal records, including a summary order of a fine of five million won for a violation of the Road Traffic Act at the Suwon District Court on the same day.

【Criminal Facts】

1. The defendant is a person engaged in the driving of freight Class B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 30, 2020, the Defendant was driving the above cargo vehicle around 16:14, and was proceeding in front of the C Apartment Ddong at Osan City, Osan-si to the front of the C Apartment-gu, E-dong, as the front door of the C Apartment.

In such cases, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front, rear, left, and left.

Nevertheless, the Defendant, while under the influence of alcohol level 0.185%, was breathly breathed, and the Defendant did not see the rear in the state where normal driving is difficult due to influence of alcohol such as the string distance, and the part of the victim F (39 years old), who was parked in the rear by negligence, was breath in front of the Gstren Motor Vehicle in the rear direction.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim H (38 years old) who was a passenger of the victim F and the rocketing motor vehicle, due to the said occupational negligence, for approximately two weeks in need of treatment, such as salt, tension, etc.

2. Around April 30, 2020, the Defendant driving a vehicle under the influence of alcohol with a blood alcohol concentration of 0.185% in a section of about 2 km from the J in the front of the J in Busan City to the place indicated in the preceding port.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The report on traffic accidents (1) (2) and the report on traffic accidents (2) (2) and the report on the circumstantial statement of the driver;

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