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(영문) 수원지방법원 안산지원 2020.06.24 2020고단674
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On March 6, 2018, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch as of March 6, 2018.

At around 01:50 on December 24, 2019, the Defendant driven a DNA motor vehicle under the influence of alcohol level of 0.168% (blood appraisal) at the section of approximately 2.7km from the front of the Dong-gu, Ansan-si to the front of the Gu C.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a motor vehicle in a D Spo area

Around 01:55 on December 24, 2019, the Defendant proceeded at approximately 105km/h speed along the direction of the original region, along with the four-lane road in the front direction of the Dongwon-gu, Ansan-si, Ansan-si.

At the time of night, it was narrow in the night, and there was a limit of 70km/h. Thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant, as seen above, was driving at a speed exceeding about 35km/h in a state where normal driving is difficult due to influence of drinking, and was driving at a speed below the Fents of car driven by the victim E (Nam, 44 years old) who was under the influence of drinking.

After all, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment from the victim E and the victim G (ma, 37 years of age) who is the passenger of the victimized vehicle due to the above occupational negligence.

Summary of Evidence

1. The defendant's legal statement E, G and H each police statement, the investigation report on actual condition, and the diagnosis report on blood alcohol in the scene of the accident, each traffic accident analysis report;

1. Previous records: Criminal records, etc.;

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