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(영문) 수원지방법원 안산지원 2019.01.25 2018고단4159
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. On September 4, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a B-te motor vehicle with blood alcohol concentration of 0.183% and driven a three-lane road into the front intersection of Yansan-gu, Ansan-si, Anasan-si, at the same time, along the two-lane road in the direction of D market in the direction of D market.

As above, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, such as failing to make a speech properly, walking, etc. while driving the car in a state where normal driving is difficult due to the influence of drinking, and was stopped by the Defendant’s vehicle prior to the Defendant’s vehicle, and the part of the lower part of the FST5 vehicle driving in the FM5 vehicle driven by the Defendant’s vehicle in front of the vehicle in front of the Defendant’s vehicle, and suffered injury to the Victim G (29 years of age) with the victim E and the said SM5 vehicle in front of the vehicle in front of the Defendant, respectively, by taking the part of the Defendant’s vehicle.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a vehicle with 3 km Category B Pool from the front day of the Y in Ansan-gu at Ansan-si to the front day of the same Gu, under the influence of alcohol content of 0.183% at the time and time set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and G;

1. Notification of the control results of drinking driving and a report on detection of drinking drivers;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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