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(영문) 수원지방법원 평택지원 2021.03.11 2020고단2464
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a motor vehicle with B-P body in around 00:04 on August 7, 2020, and was driving the motor vehicle with B-P body in the air at the Eup/Myeon where the front side of the B-P road is going to Pyeongtaek-si from the Eup/Myeon.

At the time, on the right side line of the defendant's running direction, the victim D ( South, the age of 31) used by the Ebenz CS450 passenger vehicles driven by the victim D ( South, the age of 31) was stopping for the signal atmosphere, so in such a case, the driver of the vehicle has a duty of care to properly operate the steering and brakes to prevent the accident in advance by properly operating the steering gear to prevent the collision with the vehicle on the side line while operating the vehicle.

Nevertheless, Defendant 1 neglected the above duty of care and carried out a road crossing and carried out a road without driving under the influence of drinking such as a long distance, etc., which led to Defendant 1’s failure to take the front part of the victim’s driver’s vehicle in front of the right side of the Defendant 1’s driver’s vehicle, and caused the victim to suffer injury, such as the pipe, dys, and tensions of the part where the victim’s driver’s vehicle needs to be treated for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a car with B-p body in the influence of alcohol level of 0.200% during the border alcohol level on the day specified in paragraph 1, while driving a car with B-pp body in the influence of 0.20% at the time of the day indicated in paragraph 1, and proceeded with approximately KRW 500 meters from the G three-distance ahead of the G three-way distance in E-F at the time

Summary of Evidence

1. Each police statement made by the defendant in relation to the defendant's legal statement D;

1. Application of Acts and subordinate statutes to the field photographs of a survey report on actual condition, a statement on the situation of a driver in charge of driving, an investigation report (report on the situation of a driver in charge of driving), and a diagnosis report on the results of regulating drinking driving

1. Article 5-11(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(3)1 of the Road Traffic Act shall apply to the relevant criminal facts and the choice of punishment.

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