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(영문) 수원지방법원 안산지원 2019.08.14 2019고단1492

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for one year and by a fine of 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 18, 2019, at around 02:15, the Defendant driven a rocketing car under the influence of alcohol with 0.194% of alcohol level 0.15, and was parked along the road in front of the attached districts in Ansan-gu, Mansan-si, the Defendant continued to drive the said rocketing or other car without providing personal information to the victim, after obtaining the left part of the Elater-do vehicle owned by the victim D, which was parked under the influence of alcohol level 0.19%.

At around 02:20 on the same day, the Defendant continued to drive the said rocketing car in a situation where it is difficult for the Defendant to drive the said car normally while under the influence of alcohol, and continued to drive the said car in front of the dynamic distance of 137 at the top of the opening line in Ansan-gu, Anasan-si. The Defendant, while neglecting the duty of care to safely drive the steering system and operating the steering system, he was negligent in neglecting the duty of care to safely operate the steering system and operating the steering system, thereby causing injury to the victim, such as the back part of the Gmotor bicycle driven driven by the Victim F, which was driven by the Defendant, by neglecting the duty of care to safely operate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. Each photograph (Evidence Nos. 6, 7, 15, 16);

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of statutes to copies of each written diagnosis;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act on the Aggravated Punishment, etc. of Specific Crimes, Selection of Imprisonment), Articles 156 subparag. 10 and 54 (1) 2 of the Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;