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(영문) 수원지방법원 안산지원 2019.08.21 2019고단1485
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 engaged in driving a vehicle B highest SUV vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 11, 2019, at around 08:10, the Defendant, while under the influence of alcohol 0.184% of blood alcohol concentration, was inaccurate, and the unscam distance was driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol such as drinking, and the Defendant driven the said vehicle at the 1773-5 apartment mobilization distance 4-lane of the Gyeonggi-do Si, Sinsi-si, Yang-si, and driven the three-lanes from the 1773-5 apartment mobilization distance.

In such a case, the driver has a duty of care to live well on 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 of operation.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, received the back part of the victim C(51 years of age, n, n driving) who is waiting in the same lane on the front side of the same lane, in front of the Defendant’s vehicle.

The Defendant suffered injury, such as salt ties and tensions, which require approximately two weeks of treatment by occupational negligence, to the victim.

2. On the date and time set forth in paragraph (1), the Defendant was under the influence of alcohol content of 0.184% by blood, and was driving from the cafeteria-gun of Incheon Sipo-gun to the 20km section above the above vehicle from the mnive restaurant to the 1773-5 mobilization apartment distance front of the Sinpo-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of a drinking driver, report on the control of drinking driving, and output;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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