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(영문) 수원지방법원 2019.08.13 2019고단2298
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 17, 2019, the Defendant was driving a D-do motor vehicle without obtaining a driver’s license in the state of alcohol concentration of about 0.272% at a section of about 1.5 km from the fluencing area to the flucing road in front of the hospital located in the same Gu from the flucing area of Suwon-si to the flucing area.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.272% of blood alcohol concentration at the time and time set forth in paragraph (1) and led to driving a car prior to the hospital C in Suwon City B in the direction of the right declaration distance from the right declaration distance to the right declaration distance.

The Defendant was negligent in neglecting the operation of the brakes of the above vehicle while under the influence of alcohol, and caused the Defendant to know about the operation of the above vehicle operation system by failing to well look at the front part of the vehicle in front of the Defendant’s franchise, and received the Fchip part behind the Fchip car driven by the victim E (V, 46 years old) who was in the front of the Defendant’s vehicle.

Ultimately, the Defendant driven the said vehicle under the influence of alcohol that it is difficult for the Defendant to drive normally due to the influence of alcohol, resulting in the Defendant’s injury to the victim, such as the items that require treatment for about two weeks, and the influence and tension of the details of unknown parts.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. The actual condition survey report;

1. Records of measurement of drinking alcohol and reports on detection of drinking drivers;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Jun. 25, 2019); Article 152 subparag. 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Jun. 25, 201);

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