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(영문) 수원지방법원 안산지원 2019.10.24 2019고단2821
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On June 15, 2019, at around 12:50, the Defendant was under the influence of alcohol with 0.281% of blood alcohol concentration, and the Defendant driven the frontway of the Chovah City, and proceeded with D village protection from the king basin.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the steering system, such as making a person engaged in the driving of the motor vehicle abundance and left and right, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant was under the influence of alcohol and neglected to do so, and the Defendant was under the influence of the Defendant’s vehicle E (W, 51 years old) driving of the victim E (W, 51 years old) who was in the atmosphere of the signal in the opposite line of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim E by negligence in the course of driving under the influence of alcohol, for about two weeks, where he was unable to drive normally due to the influence of alcohol, the Defendant suffered injury to the victim E by negligence in the course of performing the above duties, which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) the Defendant was driving the said vehicle under the influence of alcohol level of 0.281% from the boomed net booming boom-dong, Sinung-si on the same day to C, at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) concerning the crime at issue.

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