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(영문) 수원지방법원 성남지원 2019.01.24 2018고단2540
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 (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B SP car.

On October 3, 2018, the Defendant driven the said car while under the influence of alcohol 0.184% of blood alcohol concentration on October 3, 2018, and led to the flow of five-lane roads in front of Sungnam-si C in the direction of the Pluri city along four-lanes from the Plung-si to the Slung Slung-si.

At all times, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to prevent traffic accidents by properly operating the steering boat and steering gear to the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, and the Defendant was under the influence of the Defendant’s negligence while driving the front door, waiting for signal at the bee room, and was under the influence of the victim D (24 years old)’s driving, followed by the Eone Star Cargo, and the part of the Defendant was under the front part of the car at the beek truck.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about three weeks.

2. Around 00:07 on October 3, 2018, the Defendant driven a Bsp motor vehicle under the influence of alcohol content of about 3km from the section of approximately 0.184% of alcohol content from the 3km to the roads adjacent to the Psp motor vehicle in Sungnam-si, Sungnam-si, to the roads prior to the amendment of the Simnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Application of field photographs and vehicle photographs statutes;

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts.

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