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(영문) 수원지방법원 안산지원 2019.09.04 2019고단2119
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B SP car.

On April 10, 2019, the Defendant driven the said car with a blood alcohol level of 0.153% 0.153% at around 20:50 on April 10, 2019, and led the roads front of the C Building to the intersection in front of the E Burial.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and even in the case of driving, they have a duty of care to take care of the front and rear side and left side, and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, as a result of the influence of alcohol, was unable to drive in a state where normal driving is difficult due to the influence of alcohol, and was negligent in the course of driving on the right-hand side of the victim F(the age of 50) driving, which was parked on the right-hand side of the course, without examining the front side, caused the victim’s injury, such as the dysle, dys, and tension, which require approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a B SP car in the state of alcohol alcohol concentration of about 80 meters from the underground parking lot of H building to the front road of the IF in the same city at the time and after the temporary border specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident 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 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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