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(영문) 수원지방법원 2020.01.17 2019고단6151
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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. On August 14, 2019, the Defendant driven a DNA ACCORD car under the influence of alcohol concentration of approximately 0.167% from the 1km section to the road near the old town distance located in 317, from the Do referred to as the “C” restaurant located in Suwon-si, Suwon-si, Suwon-si, which is located in B, to the 317 in the horizontal width.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle by driving the said vehicle on the seven-lane 317-lane road near the old town distance, which is located in the 317-lane of the horizontal line at the time and time set forth in paragraph (1), and driving the said vehicle along one-lane from the direction of the city traveling distance from the insidesansansan, while under the influence of alcohol, it was impossible for the Defendant to properly hold the front-way road while driving the said vehicle, thereby allowing the victim E (55 years old) who stops for traffic in the front-way of the vehicle, to go beyond the road.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the escape of the trend that requires medical treatment for about 12 weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents, photographs related to cases, and reports on investigation;

1. Accident video data;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Investigative reports (to hear statements from victims);

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures.

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