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(영문) 수원지방법원 안양지원 2018.10.26 2018고단1379
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 June 3, 2018, the Defendant: (a) driven a B-hand car under the influence of alcohol concentration of about 0.210% in the section of about 3km from the road near the Anyang Arts Park in the Manyang-gu Man-si, Anyang-si to the near the Anyang Arts Park in the Mangyeong-gu, Annyang-si to the nearest Gyeongyang-gu, Annyang-si, to the nearest Gyeongyang-gu, Annyang-si, the Defendant driven a car under the influence of alcohol concentration of about 0.210

2. On June 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven three lanes in the shape of alcohol concentration of B, while under the influence of alcohol level of 0.210% in front of the presidential distance of the Gu Gyeong-gu Grand-gu in Ansan-si, and driven three lanes in the shape of blood at the speed of 0.210% in the middle of the blood, and proceeds at the speed of the border distance of the two high schools.

In this case, the driver of the motor vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while living the front door in the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was able to drive the victim C ( South, 31 years old) who stops in the front door of the Defendant with a signal signal atmosphere due to negligence that did not keep the front door properly.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Photographss related to accidents and video materials for black stuffs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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