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(영문) 수원지방법원 성남지원 2018.11.01 2018고단2105
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for nine 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. The Defendant is a person who is engaged in driving a BD sport car.

On September 10, 2018, the Defendant driven the said car under the influence of alcohol level of 0.149% among blood transfusions on September 21, 2018, and moved the said car to a right-hand intersection at the front of the D parking lot located in Gyeonggi-si, Gwangju-si, thereby entering one lane in each way.

Since there was a road where a yellow solid line has been installed, there was a duty of care to prevent accidents by safely proceeding to the right-hand side of the center line without breaking the center line of the road to enter the driver.

Nevertheless, as seen above, Defendant 1 was negligent in driving a one-lane in the opposite direction by failing to properly operate the steering gear, bypassing the steering gear, and overing the center line, and thereby driving the same one-lane in the opposite direction, Defendant 2 was under the influence of driving the victim E (e.g., 52 years old) driving in the same direction, and the front left-hand part of the Big Vehicle in the front left-hand part of the said DNA sports car.

After all, the Defendant driven a motor vehicle while it is difficult to drive the motor vehicle on the surface due to the influence of drinking, and suffered from the injury of climatic salt, etc. which requires approximately two weeks medical treatment to E.

2. On September 10, 2018, the Defendant driving a BD sports car in the state of alcohol alcohol concentration of approximately 0.149% at the 10-meter section of the D industrial company located in Gwangju City, Gwangju, around September 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A medical certificate;

1. A traffic accident report, a report on the results of regulating drinking driving, a report on the situation of the driver placed at drinking, an investigative assistant, and a report on whether the driver placed at drinking is in danger;

1. Application of Acts and subordinate statutes to an accident scene photograph, a black stuff image photograph, 1.

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