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(영문) 수원지방법원평택지원 2020.11.17 2020고단1673
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

The defendant is a person who is engaged in driving of a Al Pa Pa Pa-car.

1. On June 10, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol of 0.141% ( blood collection numerical value 0.195%) of blood alcohol level on June 10, 202, and driven the said car at an irregular speed from the side of Pyeongtaek-si Police Station along the one-lane between two lanes in front of Pyeongtaek-si C.

At the same time, there are frequent traffic of vehicles, so in such a case, there was a duty of care to accurately manipulate the steering direction and brake system of the vehicle, and to safely drive the vehicle by placing the front right and the right and the right of the vehicle.

Nevertheless, the Defendant’s negligence while driving under normal conditions due to the influence of alcohol, which led to the Defendant’s failure to drive, led to the Defendant’s failure to drive the vehicle at the front of the driving direction, and the Defendant’s failure to drive the vehicle at the age of 24 (the age of 24) led the Defendant to the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim F (ma, 16 years of age) who was on board the victim D and the damaged passenger car due to the above occupational negligence to suffer injury requiring two weeks of medical treatment.

2. On June 10, 2020, the Defendant driven a vehicle B Albin under the influence of alcohol at approximately 0.141% ( blood collection numerical value 0.195%) in the section of about 2km from the alcohol house located in Pyeongtaek-si G to the front road of the same city.

Summary of Evidence

1. Defendant’s legal statement, traffic accident report, traffic accident occurrence report, report on the situation of traffic accident, report on the situation of a drinking driver, investigation report, report on the results of crackdown on driving under the influence of alcohol, and written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

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