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(영문) 수원지방법원 안산지원 2019.08.29 2019고단1792
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. On April 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car in a state where it is difficult to drive the car normally under the influence of 0.118% under the influence of alcohol with blood alcohol concentration of 0.118%, such as in the state of cryping, red, trans-distance, and rhyming the horses, and driving the car B along the 23.8 km of the Highway, which is 23.8 km in U.S., one-lane in U.S., one straight line at the front line of the J.C.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by changing the lane safely by taking into account the surrounding traffic condition.

Nevertheless, while the Defendant neglected to drive normally under the influence of alcohol and changed the course from the first to the second two-lane, the part on the left side of the victim C-Woo-Woo-Woo-Woo-on car normally driven in the two-lane in the direction of the Defendant’s proceeding was shocked into the right side of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around 18:05 on April 23, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) and driven a motor vehicle under the influence of alcohol by 0.118% in a section of about 20km from Seocho-gu Seoul, Seocho-gu to the point of 23.8 km (Inmancheon-dong) of the 23.8km-dong Highway (In Mancheon-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

1. Notification of the results of crackdown on drinking driving;

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 Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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