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(영문) 수원지방법원안산지원 2020.10.21 2020고단2489
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a new technology or car.

On April 24, 2020, the Defendant, at around 07:15, driven the said vehicle under the influence of alcohol of 0.187% with a blood alcohol concentration of 0.187%, and led the Defendant to drive the said vehicle on the road in front of the “D” located in the member C in Ansan-si, Ansan-si.

At all times, the road is one-lane, and a large number of vehicles are parked at the edge of the road, so in such a case, the driver of the vehicle has a duty of care to confirm the safety of the course by checking well the steering direction and operation system, and to prevent the accident by accurately manipulating the steering direction and operation system.

Nevertheless, the Defendant neglected this and operated a vehicle in a state where normal driving is difficult due to influence of alcohol that reaches 0.187% of blood alcohol level as above and received the front part of the vehicle driving on the right side of the H M&T vehicle driven by G (Nam, 66 years old) with the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven a vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby resulting in injury to the victim, such as knee, knee, and other kneeing and tension in detail.

2. The Defendant violated the Road Traffic Act (driving) driving B New Beer or a car at a section of about 4 km to the place specified in the preceding paragraph on the front side of the member I apartment house in Ansan-si, an Ansan-si, while under the influence of alcohol level of 0.187% at a temporary border such as the preceding paragraph.

Summary of Evidence

1. The Defendant’s legal statement, traffic accident report (on-site survey report) report, the circumstantial statement, and the diagnosis report as a result of the drinking driving control report, and the diagnosis report as a result of the accident site photographic image storage CD.

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