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(영문) 수원지방법원 여주지원 2018.11.28 2018고단874

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 14, 2008, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) with respect to the leisure support by the Friwon method, and on April 17, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) with respect to the support by Friwon method.

[Criminal facts]

1. The Defendant is a person engaging in driving a motor vehicle BV in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 3, 2018, the Defendant driven the NAS car with a alcohol level of 0.182% during blood transfusion around 19:55, while under the influence of alcohol, the Defendant driven the above NAS car with a alcohol level of 0.182%, leading the front of the road to the two backsides from the heart urging off.

At this point, it is a bend road on the right side where the center line of yellow solid lines is installed. In such a case, a person engaged in driving of a motor vehicle has a duty of care to live well before and after the center and drive the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant received the front portion of the victim D(59) in front of the left-hand side of the vehicle at the time of the driving of the Defendant’s No. 59 on the left-hand side of the vehicle under the influence of alcohol.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as brain dynasium which requires approximately two weeks of medical treatment, and injury to the victim F, who is the victim of the BMW car, for about two weeks of medical treatment.

2. On August 3, 2018, the Defendant: (a) driven a BN driver’s vehicle at the section of approximately 4.1km from the front of the Southern Sports Park to the front of the inn city in the direction of alcohol level of about 0.182% under the influence of alcohol level from blood around 19:5 on August 3, 2018; (b) the Defendant was under the influence of alcohol level of 0.182%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.