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(영문) 수원지방법원 평택지원 2021.01.22 2020고단1456
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and ten 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

[Power of crime] On July 21, 2020, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seocheon Branch of the Daejeon District Court on July 21, 2020.

[Criminal facts]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a low-priced car with the duty of around 20:15 on April 25, 2020, and was driving Pyeongtaek-si C in front of the Pyeongtaek-si from Asan to the inner side.

At the same time, there were nights and victims D( South, 30 years old) driving on the front side, and there was a ZX10R 100CC bicycle riding. In such a case, there was a duty of care to properly see the front side and to prevent accidents in advance by properly manipulating the brakes.

Nevertheless, the Defendant, while neglecting the above duty of care, was inaccurate and unsatisfy so that he could not drive normally due to influence of drinking, caused the victim's motor vehicle driving engine, device bicycle riding in the front part of the Defendant's driver's vehicle and suffered injury to the victim, such as catf, tension, etc., which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) committed one time to punish drinking drivers as above. However, the Defendant driven a B-hand vehicle with a alcohol concentration of about 0.103% in blood without a driver’s license at the time specified in paragraph 1, while under the influence of alcohol, while driving a vehicle with a low alcohol level of about 18km in Asan City from the day to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and reports on the occurrence of traffic accidents;

1. An accident scene photograph;

1. Blue studs and video CDs;

1. Statement of the circumstances of the driver in charge;

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