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(영문) 수원지방법원 안양지원 2019.08.21 2019고단1269
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 April 29, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving a BK5 car under the influence of alcohol concentration of 0.207% on Apr. 15:30, 2019, while driving the BK5 car at the same time as the blood alcohol concentration of 0.207%, the Defendant stopped the road of 3rd degree in front of D, which is located in C at the time of Gyeonggi-si, along the two-lane direction of the new exchange distance,

In this case, there was a duty of care to prevent accidents in advance by properly sprinking the front side and the left side and the left side and accurately manipulating the steering and brake system for the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and due to the negligence of the Defendant’s failure to operate the brakes in the front section of the E-driving FK5 si in the front section of the said K5 si, and received the part behind the said Defendant’s driving.

Ultimately, the Defendant driven the said K5-car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim G, a passenger of the said K5-si (V, 44 years old), by suffering from the injury of light fat, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the B K5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.207% at the same time and at the same place as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statement on the occurrence of any traffic accident G;

1. Reports on traffic accidents, reports on the actual state of driving on the driving of a motor vehicle, and notification of the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and the Selection of Punishment, etc. (hereinafter referred to as "criminal punishment"), and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Aggravation for concurrent crimes;

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