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(영문) 수원지방법원 안양지원 2019.01.23 2018고단1731
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On August 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a DNS car while under the influence of alcohol of 0.243% in the direction of “C department stores” located in Ansan-si B, Ansan-si, and driving the DNS car at a 0.243% alcohol concentration, and driving the DNS car at a non-speed speed depending on the two-lanes between the 5-lane distance flood of the Anyang Trade Center and the 5-lane distance flood.

Since there are many places where vehicle traffic is frequent, in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the front, rear, left and right of the vehicle driver and properly manipulating the steering and brake system.

Nevertheless, due to the negligence that the Defendant neglected this and did not keep the front door properly, the Defendant was driven by the victim E (34 years old) who was under the speed of the vehicle at the front section of the same lane, with the driving of the FIst and other car driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. On August 27, 2018, the Defendant: (a) driven a DNA-type car with approximately KRW 750 meters from the front side of “H institution” located in Ansan-si, G to the front side of “C department store” located in “C department store”; and (b) while under the influence of alcohol by 0.243%, the Defendant driven a DNA-type car under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A medical certificate;

1. A traffic accident report;

1. The application of Acts and subordinate statutes to the inquiry into the results of the control of drinking driving, the report on the state of drinking drivers, and the written appraisal of blood alcohol;

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act.

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