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(영문) 수원지방법원 안산지원 2018.12.12 2018고단3721
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 30, 2018, the Defendant was under the influence of alcohol content of 0.133% during blood transfusions on September 16:30, 2018. The Defendant driven the said car and driven the road in front of the “D” restaurant in the Gu of Ansan-si, Ansan-si, the Defendant driven the said car to the middle school from the direction of the coin of the new site.

At that time, the road was on which the center line of yellow-ray was installed, so the driver had a duty of care to safely drive the upper left and right in accordance with the car line.

Nevertheless, the defendant, while under the influence of alcohol, was negligent in driving the central line in order to overtake the F K5 car of the victim E-driving that was under the influence of the defendant at the front of the defendant, which led to the defendant's fright side of the victim's felon car that was under the influence of alcohol.

Ultimately, the Defendant driven a car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the victim E, the victim G, the victim H, and the victim I, who was on board the said K5 vehicle, for about two weeks of medical treatment.

2. On September 30, 2018, the Defendant violated the Road Traffic Act (drinking) on the part of approximately 1 km from the Hanyang apartment road in Ansan-si, the upper part of the Hanyang apartment road in Ansan-si to the front part of the “D” restaurant located in C, and driving the B-learning car under the influence of alcohol content of 0.133% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of I, G and H;

1. Reporting of a traffic accident (1) (on-site investigation report);

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating the driving of drinking, and the measurement and output of drinking;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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