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(영문) 수원지방법원 여주지원 2020.02.18 2019고단1323
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B leraber sports car.

On December 14, 2019, the Defendant driven the said vehicle while under the influence of alcohol of 0.119% of blood alcohol concentration around 21:40, and continued to drive the said vehicle at a speed of about 60 km from the direction of the CPK to the direction of the CPK at a speed of about 60 km in the direction of the CPK.

In such cases, a driver of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol and received the following part of the victim C(SM3 years old) driving DM3 car due to the negligence of driving the vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light dump, which requires approximately two weeks of medical treatment.

2. On July 21, 2017, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at an Ansan District Court’s Ansan Branch on July 21, 2017.

On the date and time set forth in paragraph (1), the Defendant driven a “F”-based sports vehicle in E from approximately 3km to the place set forth in paragraph (1) with a blood alcohol concentration of approximately 0.119%, while under the influence of alcohol concentration of approximately 0.19%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A medical certificate;

1. C’s statement;

1. Application of the Acts and subordinate statutes of two copies of the summary order;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (1) and 44 of the Road Traffic Act.

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