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(영문) 수원지방법원 성남지원 2019.08.28 2019고단1477
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 also a person engaging in driving cars.

On June 14, 2019, at around 14:15, the Defendant was under the influence of alcohol with 0.192% of blood alcohol concentration, and the Defendant was driving the above co-owned-line cargo vehicle, thereby passing through the Tri-distance Intersection in front of Gwangju City at the time of Gyeonggi-gu.

Since there is a three-distance intersection where no signal is installed, there was a duty of care to prevent accidents in advance by driving safely, such as making it possible for a person engaged in driving of a motor vehicle to live in the direction of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and proceeded without properly examining the rear, and caused the victim D (the aged 65) who stops in the rear bank to go beyond the floor by getting the front part of the two-wheeled vehicle driven by the victim D (the aged 65) who stops in the rear bank due to the negligence of driving in the middle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and sustained injury to the victim D, such as salt, tensions, etc. in need of medical treatment for about two weeks, and suffered injury to the victim FF who was on board the said two wheeled vehicle, such as salt, tensions, etc. requiring medical treatment for about three weeks.

2. While the Defendant was under the influence of alcohol with 0.192% of the blood alcohol concentration as stated in paragraph (1) of the Road Traffic Act, the Defendant driven the above copip vehicle from the parking lot located in G G in G in G in G in G in G in G in the field of about 300 meters from the Gyeonggi City to the front road in the Gyeonggi City in front of the Gyeonggi City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and on-site photographs;

1. Each written diagnosis;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. The register of driver's licenses;

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