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(영문) 수원지방법원 안양지원 2019.05.14 2019고단383
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. On January 5, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven by drinking alcohol at around 00:28, snow is fluorous, fluorous, red-lighting, etc. while under the influence of alcohol, the Defendant driven a B TXG car while driving it on the face and driving it on the three-lane road in front of the DNA border point in Ansan-gu, Ansan-gu, Ansan-gu, Ansan-si, and proceeded along the one-lane distance from the boundary of the safe transfer distance.

At the time, since the passage of vehicles at night is frequent, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while a person engaged in driving of a motor vehicle is well in the operation of a motor vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in driving the F taxi of the victim E (the 58-year-old) who was in the atmosphere of the signal at the front of the car.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim, such as a trend of light and fluoral salt for about two weeks in need of treatment.

2. A defendant of violation of the Road Traffic Act (Refusal of the measurement) has a reasonable ground to believe that he/she was driven under the influence of alcohol, such as the date and time specified in paragraph (1) of this Article, smelling at a place, breathing snow, breathing, and breathing red belt on face, and he/she has failed to comply with a request for a measurement of alcohol for four times by a policeman belonging to the Ansanan Police Station G District, Ansanan Police Station

3. The Defendant, who was required to take a drinking test at the time, place, as described in paragraph (1) and paragraph (2), was led to the lower part of the slope I belonging to the G District in the Ansanan Police Station G District, and was prevented from the slopingJ belonging to the same earth area, threatening the J’s face due to drinking and growth, and continued to be expelled from H from the police officer belonging to the same earth.

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