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(영문) 수원지방법원 2020.01.22 2019고단6364
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. 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 passenger car B lowest

On October 2, 2019, at around 01:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.272% with a blood alcohol concentration of 0.27%, and proceeded in the direction of C in the direction of the Tridong Police Station according to the first way between the three-lane intersection in which signal apparatus in 967-1527 is installed in the esisi-si, Busan Metropolitan City, and came to turn to the left in the direction of D apartment.

In this case, the person engaged in driving service has a duty of care to reduce the speed and to prevent the accident in advance by taking well into account the other vehicles' attitudes in progress pursuant to the preceding subparagraph.

Nevertheless, the Defendant neglected this and neglected the left-hand turn in violation of the signal while the Defendant was at the right-hand turn in the front of the driver’s seat of the Defendant’s vehicle and received the left-hand side of the Fra vehicle driven by the victim E (the aged 52) who was straighted in accordance with the straight line in the direction of the police station in the direction of the opposite direction.

As a result, the Defendant driven the Defendant’s vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury such as salt, tension, etc. in front of the horse that requires medical treatment for about two weeks.

2. Around 01:00 on October 2, 2019, the Defendant driven a B-in car at the 2km section from a public parking lot for the same coal station located in 968-5, U.S., U.S., U.S., U.S. to the place of the said accident while under the influence of alcohol with a blood alcohol content of 0.272%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Reports on traffic accidents, reports on accident sites, and photographs of accident vehicles;

1. The notification of the results of the regulation of drinking driving, the notification of the report on the situation of drinking drivers, and the application of the law.

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