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(영문) 수원지방법원 안양지원 2020.04.23 2019고단2159
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

Punishment of the crime

1. Around 09:00 on September 19, 2019, the Defendant driven a Drocketing car at a section of about 3 meters to move a vehicle at the front parking lot of B apartment-dong, while he was under the influence of alcohol at a 0.197% under the influence of alcohol level.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is the Defendant.

The Defendant, at the time and place of the foregoing paragraph (1), was driving at a speed that would not be known while driving a motor vehicle in order to move the motor vehicle in a state where normal driving is difficult due to influence of alcohol by 0.197%.

A person engaged in driving of a motor vehicle shall accurately operate the steering direction and brakes of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as may inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and have a duty of care to prevent accidents in advance by safely reporting the traffic conditions in front and rear sides.

Nevertheless, due to the negligence of negligent driving while under the influence of alcohol, the part on the right side of the victim E (the 30-year-old driver) behind the driver's vehicle in the direction of opposite part of the defendant's vehicle, following the driver's vehicle in the direction of opposite part of the defendant's vehicle, led to the left part of the back part of the driver's vehicle.

As above, the Defendant suffered injury to the victim E, who is a driver of the car in the stimul area, due to occupational negligence in driving a car in which normal driving is difficult due to influence of alcohol, such as light dump, tension, etc., which requires approximately two weeks of medical treatment, and the victim G (the 36 years old), who is the chief passenger of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of H, I, E, and G;

1. A traffic accident report and an employer;

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