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(영문) 수원지방법원 성남지원 2019.10.16 2019고단1745
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

The defendant is a person who is engaged in driving of Bchip motor vehicles.

1. On May 9, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant), at around 22:30, was under the influence of alcohol level of 0.117% on blood alcohol level, maintained red on the inside, rhym the horses with a view to maintaining the body and walking, etc., and, at a very difficult time to drive, operated the fluor vehicle while driving the fluor vehicle in the state where it is remarkably difficult to drive it, one lane between the two lanes in front of the C history distance in the area of the branch of Sungnam-si, Sungnam-si.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in the automobile driving duties to observe the signal, to see the front door and to drive safely.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol while driving the vehicle even though the vehicle signal was red signal, and caused the collision of the front part of the E-to-faced vehicle driven by the victim D(54 years of age) who drives in the straight line at the right-hand side of the running direction of the Defendant, and the shocked the front part of the E-to-faced vehicle into the left side, and the said A-to-faced vehicle is pushed ahead to the left side, and the victim F(52 years of age) who is driving in the two-lanes of the vehicle, conflicts with the front part of the right-hand side of the G car.

Ultimately, the Defendant suffered from the injury of the victim D and his her son H(43) and the victim F and the victim I(43 years of age) by negligence in the course of performing the above duties, including the victim D and her son F and the victim I(43 years of age) respectively.

2. On May 9, 2019, the Defendant was under the influence of alcohol 0.117% in blood alcohol concentration at around 22:30 on May 22:30, 2019, the Defendant driven the fluore vehicle at the section of approximately 600 meters in front of the old C-distance, starting from the street near K to the same street.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement on the occurrence of each traffic accident;

1.Each.

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