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(영문) 수원지방법원 성남지원 2021.01.28 2020고단1962
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle B1t in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving)

On May 24, 2020, the Defendant driven the above vehicle while under the influence of alcohol level of 0.160% from blood alcohol level around 06:22 on May 24, 2020, and made the front door of Gwangju City turn turn to the left at the speed of the U.S. on the alley-dong side of Gwangju City.

At that time, it is a three-distance intersection without signal, so it is possible to temporarily suspend and slowly conduct prior to entry, and there is a duty of care to check and proceed with the safety of the course by properly examining the traffic conditions on the front side and the right side.

Nevertheless, the Defendant did not discover that the Esch Rexton vehicle driven by the victim D (57 cc) due to negligence when he or she was negligent in driving under the influence of alcohol due to the influence of alcohol, is in a direct position facing the intersection, and the Defendant was completely driven by the victim on the right side of the above internal tower that the Defendant drives.

As a result, the Defendant suffered injury to the victim, such as finite finites, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. On April 19, 2012, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 3 million for the same crime in the same court on September 17, 2018, and a summary order of KRW 4 million for the same crime in the same court on October 1, 2018.

On the date and time set forth in paragraph 1, the Defendant driven, without a driver’s license, B while under the influence of alcohol leveling 0.160% from the “G” road located in Gwangju City F to the front road of Gwangju City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A traffic accident report;

1. Notification of the results of the drinking control;

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