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(영문) 수원지방법원 2019.10.25 2019고단3490
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. Around 01:10 on March 6, 2019, the Defendant driving a BM6 car under the influence of alcohol content of approximately 0.247% in a section of approximately 250 meters, from the fluence point in the SM6-car in the SM6-car, to the road near the Sejong East-dong in Osan-si. In addition, the Defendant driven a BM6 car under the influence of alcohol content of approximately 0.247%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said SM6 car while under the influence of alcohol on the three-lane road near the Sejong metropolitan intersection in order to drive the said SM6 car under the influence of alcohol.

At the time, there was an intersection where signal apparatus was installed at night, and in such a case, there was a duty of care to look at the front and the signal well for the driver of the vehicle and to prevent the accident by accurately manipulating the brake system.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and due to the negligence that the Defendant, at the front section of the Defendant’s vehicle, was in the front part of the Defendant’s vehicle, who was in the traffic signal light of the victim C(54 years old) driving in the front section of the vehicle.

As a result, the Defendant, while driving the said SM6 vehicle under the influence of alcohol that is difficult to drive normally, suffered from the injury of salt, tension, etc. of the bones of wood that requires approximately two weeks of medical treatment to the said victim C, and from the victim E (the age of 40) who was on the said racing vehicle, the Defendant sustained approximately two weeks of medical treatment to the said victim E (the age of 40).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement concerning E;

1. A traffic accident report, a survey report, and an accident site photograph;

1. The investigation report (the circumstantial report of an employer) shall be made;

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