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(영문) 수원지방법원 안산지원 2019.08.29 2019고단2060
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. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving)

On May 16, 2019, the Defendant driven a car on May 19:36, 2019, and led the front of the temporary bus stops located in 1224 along the Western coast in the direction of Jeju Jeju Island, along the two lanes between the three-lanes in the direction of New IC.

Since there are lots of vehicles, the driver of the vehicle has a duty of care to prevent traffic accidents and operate safely by thoroughly and accurately operating the steering and operating the steering system of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.217%, was unable to drive a car normally due to negligence, led to the Defendant’s vehicle backpers of the victim C's low-speed-free car driving, which driven the vehicle at the fixed body of the vehicle in a state where normal operation is difficult.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

2. On May 16, 2019, the Defendant driven B rocketing car under the influence of alcohol content of about 0.217% at the section of about 5km from the 19:36th of May 16, 2019 to the 1224th of the temporary bus stops located in the Jeju Jeju Do, Jeju Do, to the west 1224 at the coast of the Sinung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report (1) (2);

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 Article 5-11 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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