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(영문) 수원지방법원 안양지원 2020.06.19 2020고단565
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles B.

On February 10, 2020, the Defendant driven the said car at a speed of 0.148% with a blood alcohol concentration of 0.148% around 23:50, while driving it, the Defendant driven the said car at a speed of 2-lane in Seoul in the direction of Seoul along the four-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the king-si.

The driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering system, brakes and other devices of the motor vehicle and by safely driving the motor vehicle according to the road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, under the influence of alcohol, the victim C was negligent, and the latter part of the DWz E300 car driven by the victim C in the same direction was driven by the front part of the said DWz E300 car, and the said part was re-issued into the front part of the said BWz car as the driving seat of the said BWz car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On August 14, 2013, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on August 14, 2013.

At around 23:50 on February 10, 2020, the Defendant driven a B teteme vehicle under the influence of alcohol with approximately 30km alcohol concentration of 0.148% from the section of approximately 30km to the point before about 1km in the king-si, Jincheon-si, Jincheon-si.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Each vehicle photograph, each black box image.

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