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(영문) 수원지방법원 성남지원 2019.05.02 2019고단505
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BMW car;

On December 27, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.138% 0.138% as of December 27, 2018, and continued to drive the said car at a speed that makes it impossible to identify one lane in the direction D in the direction of internal death, depending on one lane.

At the time of night, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes and other devices of the motor vehicle.

Nevertheless, the defendant neglected to do so and proceeds as it is.

In front of the direction of the defendant's driving, the victim E (Woo, age 48) in the atmosphere of the signal signal sent by the stop signal was driven by the Farburt-purged vehicle operated by the defendant, and was shocked by the front part of the vehicle operated by the defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injuries, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 22:05 on December 27, 2018, the Defendant driven a BMW car under the influence of alcohol content of 0.138% from the section of approximately 3km to the roads in front of the branch of the Gyeonggi-si, the Sungnam-si, the GMW car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to notify the actual condition of traffic accidents, the circumstantial report on drinking drivers, and the control of drinking driving;

1. The injury resulting from dangerous driving under the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.

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