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(영문) 수원지방법원 안산지원 2019.01.31 2018고단4050
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant, who is engaged in driving of a passenger car B NN, was under the influence of alcohol 0.151% at around 05:10 on September 1, 2018, the Defendant, while driving the said vehicle under the influence of alcohol 0.151% and making it difficult for the Defendant to drive the said vehicle normally, was driving the said vehicle directly along the two-lanes at a 325.2km km away from the direction of the coastal Highway located in the corner-dong, Seosan-gu, Seosan-gu.

At the time, the Defendant was behind the victim C(35 years old) driving in the same direction, and thus, the Defendant had a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant suffered bodily injury, such as fluoral salt, tension, etc., in which the victim C needs to receive approximately three-day medical treatment due to the negligence of excessively driving a vehicle in the vicinity while neglecting the above duty of care, and suffered bodily injury, such as “fluoral fluorite and tension,” which require approximately three-day medical treatment to the victim E (the age of 36) who was accompanied by the said fluoral car.

2. Around 05:10 on September 1, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.151%, the Defendant driven a motor vehicle B in the section of about 30 km from the distance near the G restaurant located in the G restaurant located in the Gangseo-gu Seoul Metropolitan Government to the 325.2km away from the corner of the Western Coast Highway located in the Yan City, Ansan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each written statement in C and E;

1. The actual condition survey report;

1. Investigation report (report on the circumstances of an immigration driver);

1. Papers of measurement records of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes under the former Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime.

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