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(영문) 수원지방법원 안양지원 2019.07.17 2019고단1006
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 00:40 on May 10, 2019, the Defendant driven a DNA SM6 vehicle under the influence of alcohol with a blood alcohol concentration of 0.130% from the 3km section of approximately 0km to the front of C located in the Sinan-gu in the same Sinan-gu, Sinan-gu, Sinan-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D&6 Driving) was driven by the said D&6 car at the time indicated in the preceding paragraph, and the Defendant proceeded with the 5-lane road in the direction of Seoul in the direction of the water source from the direction of the water source.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to drive the said vehicle under the influence of alcohol level of 0.130% while driving the said vehicle under the influence of alcohol level of 0.130%, and due to the negligence of driving the said vehicle without operating the operating device and making it difficult for the Defendant to drive the said vehicle, and due to the negligence of driving the victim E (the age of 51) driving a Fi30 vehicle in the front direction of the vehicle driving.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, resulting in injury to the said victim, such as brain-dead in which there is no open two boxes for treatment for about two weeks, and at the same time suffered injury to the victim G (29 years of age) who is the passenger of the damaged vehicle for about two weeks, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons related to E traffic accidents;

1. Reports on traffic accidents (1) (2), reports on the state of the driving of a motor vehicle at home, investigation reports (report on the state of the driver at home), and notifications of the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Each relevant Article of the Act concerning criminal facts;

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