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(영문) 수원지방법원 안산지원 2019.07.24 2019고단1855
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

The defendant is a person who is engaged in driving duties of K5 cars.

On May 9, 2019, the Defendant driven the said vehicle under the influence of alcohol of 0.184% with a blood alcohol concentration of 0.184% 0.08, and driven the road of 4 lanes in front of the Ansan post office located in 815 as the center of the Dong-gu in Ansan-si, Ansan-si, the Defendant driven the said vehicle at a speed of about 40km from the center to the high-speed.

At the same time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so there was a duty of care to safely drive the person engaged in the driving duty while checking whether there are other vehicles waiting for signal, and safely drive the vehicle to prevent accidents in advance.

Nevertheless, the Defendant neglected this, rhythm, rhym, rhym, red side, etc., and followed by negligence, which was driven by the victim C(55 years old) who was in the atmosphere of the signal at the front of the signal at the place where the signal was driven by the victim C(55 years old) without thoroughly examining the front side, and received the front part of the said K5 vehicle.

Accordingly, the Defendant, while driving the said K5 vehicle under the influence of alcohol due to the difficulty of driving it normally as above, suffered from the injury of the victim, such as catum salt, etc. which requires approximately three weeks of treatment, and caused the victim E (the aged 31) who was boarding the said rocketing car to suffer from the injury of the catum catum, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts as to each applicable provision of the relevant Act.

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