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(영문) 수원지방법원 안산지원 2019.02.19 2018고단3356
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of 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 August 11, 2018, the Defendant driven a high-speed car at the above highest level on August 15, 2018, and led the front road of the members of Ansan-si C to the north-east three-lane from the side of the D High School, one-lane between the two-lane.

Since there is a place where the center line of yellow-ray is installed, the person engaged in the vehicle driving duty has a duty of care to thoroughly drive the motor vehicle at the front-time and to safely drive the motor vehicle.

Nevertheless, the Defendant, while driving in a state where normal driving is difficult due to influence of alcohol such as 0.104% alcohol concentration, was inaccurate, and the driving part of the F-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant suffered from the injury of the victim E, the victim G (the 22 years old), and the victim H (the 22 years old) by occupational negligence as above, each of the two weeks in need of medical treatment.

2. On August 11, 2018, at around 15:55, the Defendant driven a motor vehicle B with a blood alcohol concentration of 0.104% under the influence of alcohol at a section of about 5km from the parking lot at the Jardo-gun, Incheon, to the front road of the members of Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Statement on the circumstances of a drinking driver, investigation report (report on the status of a drinking driver), records on the results of the crackdown on drinking driving, etc.;

1. Bluckings, panping photographs, black boxes, video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. As to the aggravated punishment, etc. of specific crimes of each of the relevant provisions of the Criminal Act.

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