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(영문) 수원지방법원 안산지원 2018.12.20 2018고단3814
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person engaging in driving of BWz motor vehicles, and the Defendant driven the said motor vehicle at around 20:40 on September 28, 2018 while under the influence of alcohol level of 0.142% at around 0:40 on the same day and proceeded directly with the first line and the second line at the luminous Police Station located at the distance of the post office, from the distance of the post office.

In such cases, drivers have a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected the above duty of care and neglected the duty of care in a situation where normal driving is difficult due to influence of drinking, and instead neglected the duty of care, the Defendant received the back portion of the victim C(39 years old) driving in the same direction as the Defendant, which was in the signal waiting at one lane, as the front portion of the Defendant’s car.

Defendant 2 suffered injury to the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said benz car at the section of about 1 km from the front of the post office distance located in the front of the street at the front of the street at the front of the street at the front of the street at the front of the street at the front of the street at the front of the street, while under the influence of 0.142% of alcohol during the light of the time indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual condition and photographs on the scene of accidents;

1. A report on the circumstances of drivers of drinking alcohol and records on the measurement of drinking alcohol;

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

1. Article 148-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of drinking alcohol and the choice of imprisonment) concerning criminal facts, Articles 148-2(1)1 and 44(1) (the fact of causing danger driving, and the fact of causing danger driving).

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