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(영문) 수원지방법원 2019.05.23 2019고단924
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 13:30 on January 27, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driving on the BNAS car at the distance of about 10km from the front of a cafeteria in the village of the U.S., to the point of about 31.1km in the Gongsung-si Do-Eup in the city of Ansan-si, the Defendant driven a BNAS car while under the influence of alcohol with a blood alcohol concentration of about 0.178%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car in B.

At around 13:30 on January 27, 2019, the Defendant driven the said car along the two-lane 31.1km of the Pyeongtaek-do Highway 31.1km located in the two-lane Do-Eup at the time of the safe line, and continued to proceed to the west-to-west IIC room on the southan ICT.

It is an expressway in which the traffic of vehicles is frequent, so in such a case, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of drinking, and there was a duty of care to operate the steering gear and brakes accurately and safely.

Nevertheless, while under the influence of alcohol 0.178%, the Defendant neglected this, and did not avoid the victim C (the age 44) driving a NAS car that was driven by the said NAS car and driven in the front of the course of the bed, and received the back left part of the said NAS car with the front right part of the said NAS car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as light fluoral salt, which requires the victim to take a medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The investigation report (the report on the status of the driver), the investigation report (the mark) and the investigation report (the level of the entry) 1.1.

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