(영문) 수원지방법원안산지원 2020.09.03 2020고단1920

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(영문) 수원지방법원안산지원 2020.09.03 2020고단1920

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 Bone Star Co., Ltd.

1. On April 24, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.186% on blood alcohol level on April 17, 2020, and the Defendant changed the lane to the two-lane in the speed of about 40 km at a speed of about 30 km in the city of Sincheon-si in the direction of Sincheon-si.

In this case, the driver has a duty of care to inform the driver of the vehicle of the direction, etc. in advance, and to change the lane safely by making the traffic situation safe.

Nevertheless, under the influence of alcohol, the Defendant neglected it and changed the lane from the three lanes to the two lanes, and caused the Defendant’s negligence of driving the victim C (Nam, 56 years old) who proceeded with the two lanes, to the left side of the said Lone Star car.

As a result, the Defendant, while driving in a state where normal driving is difficult due to the influence of drinking, suffered injury to the victim C and the victim E (the 34 years old) who was on board the said NAS car by driving the said NAS car, respectively, for about two weeks, such as salt, tension, etc.

2. On April 24, 2020, the Defendant, at around 17:04, driven the knex driver’s license under the influence of alcohol at approximately 2 km section of approximately 0.186% of blood alcohol concentration, from the front of an insular activity (hereinafter referred to as “insular activity”) to the front of the new-dong located in the same Sincheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the actual condition (1) and (2), a statement on the occurrence of a traffic accident, a field photograph, and a photographer by cutting down a black image;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and record of the measurement of drinking; and

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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