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(영문) 수원지방법원 성남지원 2019.07.16 2019고단903
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On February 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven B-low-water car under the influence of alcohol concentration of 0.137% on blood alcohol level on February 14, 2019, and led to a three-lane road in front of D-lane C in Seongbuk-gu, Sungnam-si, Sungnam-si, along a three-lane distance from the surface of the horizontal distance from the surface of the board T-Annobian street.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded as it is while waiting, conflict with the part behind the victim E (the 60-year-old taxi) driving in the front direction of the Defendant’s vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, which requires a medical treatment for about two weeks.

2. Around 23:30 on February 14, 2019, the Defendant driven B-to-land on the road at approximately 700 meters section from the G underground parking lot in Sungnam-si to the point of accident as referred to in paragraph (1), while under the influence of alcohol 0.137% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (27 pages of investigation records);

1. A survey report on actual condition, vehicle photograph (25 pages of investigation records), and medical certificate;

1. Application of the Act and subordinate statutes to the Report on the circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, and the control of drinking driving;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of injury caused by dangerous driving) concerning the crime, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) concerning the crime, respectively.

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