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(영문) 수원지방법원 안양지원 2019.03.22 2018고단2172
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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed on November 13, 2018 by the Defendant, while under the influence of alcohol by 0.138% of alcohol concentration in blood, while Ansan-si, the Defendant was driving a B-low-income motor vehicle in the direction of the six-lane roads in the city of Seoul.

At the time, there were nights, and there was an intersection where signal lights are installed in the front section, so in such a case, there was a duty of care to look at the front section and the left right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident from spreading.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and neglecting it, and due to the negligence of exceeding 67km/h of the speed of the restriction, and received the part of the left-hand part of the freight vehicle after the victim C (Nam, 39 years old) driven by the victim C (Nam, and 39 years old) who was driving in order to stop in accordance with the new subparagraph in front of the same lane, as the front left-hand part of the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as the impairment of the boom of the 2nds that require medical treatment for about two weeks.

2. Around 01:00 on November 13, 2018, the Defendant driven a Bho-do motor vehicle while under the influence of alcohol content of 0.138%, in a section of about 5km from the front day of the Manan-gu E apartment at Ansan-si to the front day of the long-term Ho-gu Ho-dong livestock shed. In the same city, the Defendant driven a Bho-do motor vehicle under the influence of alcohol content of 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Regulatory operators' report on the results of drinking driving control;

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

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;

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