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(영문) 수원지방법원 안산지원 2019.07.24 2019고단1784

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 18, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) (hereinafter referred to as the “Road”) driving a vehicle with a blood alcohol concentration of approximately 0.156% in the section of about 20km from the road located in Ansan-si, Ansan-si to the front road of the luminous 689 U.S. Lighting-si, in a light-ray of light.

2. 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 motor vehicle B.

On April 18, 2019, at around 03:06, the Defendant driven the said car while under the influence of alcohol, and made the four-lane ahead of the original luminous distance 689 at the light name at the time of light lighting turn turn to the left at C from the view of the transformation station.

At this point, there is a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to driving the motor vehicle in a deep sense.

Nevertheless, the Defendant neglected this and received the front portion of the E-commercial 7.5 tons truck, which is driven by the victim D (year 42) who was proceeding on the right side of the said vehicle, from the luminous distance protection side to the right side of the said vehicle, due to the negligence that the Defendant violated and operated the signal under the influence of alcohol as above.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the said victim, such as a hot spring, which does not have two open rooms for treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 각 교통사고보고(실황조사서)⑴⑵

1. Requests for appraisal;

1. A medical certificate;

1. A photograph of the scene of the accident, a vehicle photograph of the accident, or a ctv image caps;

1. Application of Acts and subordinate statutes of internal investigation reports (ctv image verification), investigation reports (applicable to the Tradmark calculation formula);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;