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(영문) 수원지방법원 안양지원 2020.05.27 2020고단251
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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving Bsch Rexton car.

On December 15, 2019, the Defendant driven the said car while under the influence of alcohol 0.166% of blood alcohol level around 16:30 on December 15, 2019, and led the Defendant to drive the said car into the E apartment bank from the front side of D Elementary School C in Mapopo City to send one lane.

At the time, the preceding vehicles had a duty of care to check the safety of the course by checking well the front left, because they are driving at a speed and slowing down for the signal atmosphere.

Nevertheless, under the influence of alcohol, the Defendant, by negligence found the front vehicle of the Defendant at the latest, sustained the injury of the victim F (the 38-year old age), such as “satisf and tensions on hand and tensions on hand,” which require approximately two weeks of medical treatment, on the part of the victim F (the 5-year old age), and on the part of the victim H (the 5-year old-age-old 5-year-old satisfs, etc.

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 injury to people.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the car volume of the fexton under the influence of alcohol by 0.16% in the section of approximately 2 km from the plastic house located along the temporary border line under the above provision of paragraph (1) to the day before the D elementary school located in Mapo-si C in Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Images of video CDs;

1. The application of Acts and subordinate statutes to traffic accident reports, notification on the results of the regulation of drinking driving, copy of the report on the circumstances of drinking drivers, making statements, etc., carving and photographic materials;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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