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(영문) 수원지방법원 2019.05.28 2019고단346
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On October 13, 2006, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on April 6, 2011, the same court received a summary order of KRW 4 million from a fine of KRW 1 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

1. On January 11, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven CA car in the direction of the return elementary distance from the remote distance, while under the influence of alcohol 0.101% of the blood alcohol concentration, while driving the C car in the direction of the return elementary distance, around 02:00.

At the time, the victim D (the age of 56) stops in front of the KS5 car, so in such a case, the driver of the vehicle has a duty of care to take into account the situation well and drive the vehicle safely so as not to conflict with the said vehicle.

Nevertheless, the Defendant neglected this and found the remainder of the car under the influence of alcohol late, and failed to properly operate the operation system, and received the back part of the car as the front part of the car.

Ultimately, the Defendant, under the influence of drinking alcohol, was driving the said car in a situation where it is difficult to drive the car in a normal condition such as a delay in red and cognitive reaction, and suffered injury to the victim and the victim F (the age of 37) who was on board the car of the victim for about two weeks in need of medical treatment.

2. Around 02:00 on January 11, 2019, the Defendant used the said G80 vehicle under the influence of alcohol concentration of about 1.5 km from the front road of G in the ethic City to the front road of H in the ethic City in the ethic City while under the influence of alcohol content of about 0.101%.

Summary of Evidence

1. Defendant's legal statement;

1. The police of D. D.

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