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(영문) 수원지방법원 2020.12.17 2020고단4173
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act, and the defendant is a person engaged in the driver's service of B

At around 03:50 on June 8, 2020, the Defendant driven the above vehicle, and proceeded with the neighboring road of the D convenience store C in Young-gu, Young-gu, Young-gu, Gung-si, with a new distance from the upstream of the road.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the person engaged in the driver's duty.

Nevertheless, the Defendant divided into blood alcohol concentration of 0.146% under the influence of alcohol, and even though it is difficult to drive normally due to the influence of alcohol such as a large distance, the Defendant did not see the front side properly and did not negligently proceed to the front part of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front.

Ultimately, the Defendant suffered injury to the victim, such as brain salva, which requires treatment for about two weeks due to such occupational negligence, and at the same time damaged the said taxi to cover KRW 18,930,000 for repairing costs.

2. Around June 8, 2020, the Defendant was driving a soba vehicle under the influence of alcohol at a section of approximately 2.3 km of blood alcohol concentration of about 0.146% from the road front of the H headap located in Young-gu G to the place indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written estimate damage to the medical certificate;

1. Application of Acts and subordinate statutes to notify the results of the de facto survey, traffic accident occurrence report, circumstantial statement, investigation report, and drinking driving control report;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 of the Road Traffic Act.

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