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(영문) 수원지방법원 안산지원 2019.10.11 2019고단3077
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. Around 18:05 on June 15, 2019, the Defendant driven a two-wheeled motor vehicle with blood alcohol concentration of about 0.179% in the section of about 10km from the front of the Gluri reservoir in Sincheon-dong, Sincheon-dong, to the development of new IIC on the highway in Sincheon-dong, Sincheon-do.

2. 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 passenger car B lowest

On June 15, 2019, the Defendant driven the said car at a speed that is difficult to drive normally due to the influence of alcohol that reaches 0.179% of blood alcohol level around 18:05, and led to the driving of the said car at a speed that cannot be seen from the New ICT Trith of New ICT at the second in the Sincheon-dong Special Metropolitan City.

The driver had a duty of care to prevent accidents in advance by accurately operating the steering gear and steering gear with a thorough care.

Nevertheless, the defendant neglected this and failed to operate the brake system from time to time due to influence of drinking, and due to the negligence of the defendant's failure to do so, the defendant was followed by the DSS3 car driven by the victim C(the age of 37) who was in the air traffic at the vehicle front of the car of the defendant, and then the driver was driven by the defendant for the vehicle front of the vehicle of the defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as catitis, which requires two weeks of medical treatment, and suffered injury to the victim F (F, 6 years of age) and the victim G (3 years of age) for two weeks of medical treatment in E and the said SM3 car.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the survey report on the actual condition, the report on the circumstantial statement of a drinking driver, the investigation report (the report on the actual status of a drinking driver), and the written diagnosis;

1. Relevant law concerning criminal facts:

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