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(영문) 수원지방법원 여주지원 2021.01.22 2020고단1426
특정범죄가중처벌등에관한법률위반(위험운전치상)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

(b) Crime history;

1. The Defendant is a person who is engaged in driving a motor vehicle B in high-priced car.

On July 25, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.242% among blood transfusions on 16:10, while driving the said vehicle at a speed of 0.2%, and driving three lanes among four lanes 6 km away from the 66 km off at the parallel of Yeongdeungpo-dong Highway, the parallel of the highway at the speed of about 120 km to 130 km at the speed of 66 km. The Defendant changed the course to two lanes.

In this case, the driver of the motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction of direction, etc. in advance and to safely drive the motor vehicle by keeping the traffic situation before and after.

Nevertheless, the Defendant neglected to change the two-lanes due to the negligence of changing the two-lanes, and received the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment between approximately two weeks.

2. The Defendant violated the Road Traffic Act (driving of alcohol) driving a B-hand car with the alcohol concentration of 0.242% in a section of about 40 km from the French-si to the place indicated in the preceding paragraph at the time of the day specified in the preceding paragraph.

Summary of Evidence

Application of the law of the defendant's legal statement, actual investigation report, circumstantial statement report, diagnosis report, and application of the law of the application for punishment

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

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be heavier.] Article 38 (1) 2 and Article 50 of the Criminal Act.

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