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(영문) 수원지방법원 성남지원 2019.09.04 2019고단1402
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 became final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a motor vehicle with blood alcohol concentration of 0.183%, while normal driving is difficult due to the influence of alcohol on June 22, 2019, the Defendant proceeded at a speed of 20km per hour according to the speed of 30km from C to D apartment space.

There is a duty of care to prevent accidents in advance by driving safely according to signals such as signal, since there is an intersection where signal is installed, a person engaged in driving service has a duty of care.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and was negligent in proceeding in violation of the signal while the signal was red, and thereby, received the front front part of the victim E (the age 59) driving line, which is followed by the progress signal, from the room of the M&A bank, to the front part of the Fsch Rexn vehicle of the victim E (the age 59).

As a result, the Defendant suffered from the victim’s typology in need of two weeks’ treatment due to the above occupational negligence.

2. On the date and time set forth in paragraph (1), the Defendant driven the said new-tech X-ray vehicle at approximately 2.7km from the front day of Gwangju City to the Taewing-ro road located in the same time solar-ro, while under the influence of alcohol with a blood alcohol content of 0.183% at the time set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), report on the occurrence of a traffic accident, and report on the occurrence of a traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of 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 148-2 (2) 2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).

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