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(영문) 수원지방법원 안양지원 2019.05.10 2018고단1918

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. On September 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven a motor vehicle with blood alcohol concentration of 0.285% at a 0.285%, and led the front way of “D convenience store” located in militaryposi C at militaryposi, from the military prisoners of war, to the high speed of the military prisoners of war, to the high speed.

At the time, there were lots of commercial buildings, and there was a duty of care to prevent accidents by accurately manipulating the front section and the left and right of the driver of the vehicle. In such a case, there was a duty of care to prevent accidents by accurately manipulating the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected this and had the victim go beyond the floor by taking the left-hand knee part of the victim E (ma, 67 years old) who was seated in front of the above D convenience point due to negligence that did not properly look at the front and left-hand side of the said D, and let the victim go beyond the floor.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, thereby resulting in knee-free kneecing to the victim for about two weeks medical treatment.

2. The Defendant, at the time and place specified in Paragraph 1, driven a B IM-B-B-B-B-B-B-B-B-Wed car under the influence of alcohol content 0.285% at a blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. A traffic accident report (1), (2);

1. The photograph list;

1. An appraisal report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 8, 2018); Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act; and each of the aforementioned Articles.