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(영문) 수원지방법원 2019.07.25 2019고단2972
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 car B.

On May 6, 2019, at around 23:17:5.23:17, the Defendant is driving three-lanes in the direction of the water source from the head of the HosiIC as he is under the influence of alcohol concentration of 0.128% with the two-lanes near the administrative traffic distance, which is located in 1673, in the library of Suwon-si, Suwon-si.

It has changed the course into two lanes.

At night, and when a person engaged in driving of a motor vehicle intends to change the vehicle, he/she has a duty of care to give advance notice of change of course to the surrounding area by operating direction direction, etc., and to change the vehicle line in good manner by considering the traffic conditions of the front, rear, left, and left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the car line of the victim C(30 years of age) who was placed directly on the left-hand side of the running direction of the Defendant, and received the left-hand part of the car of the victim C(30 years of age) as the front-hand part of the Defendant's car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, which requires medical treatment for about two weeks.

2. On May 6, 2019, the Defendant: (a) driven a ecoo motor vehicle in the state of alcohol with a blood alcohol concentration of about 0.128% from the front of “F” in Suwon-si, Suwon-si, E to the G apartment in Suwon-si, Suwon-si, Suwon-si, the Defendant driven a B ecoo motor vehicle with a blood alcohol content of about 10km from the 10km section to the G apartment in the direction of Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The actual condition survey report;

1. A photograph of each accident site and a photograph concerning the case;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Article of the Act on Criminal Facts and Article 16037 of the former Road Traffic Act (amended by Act No. 16037, Jun. 25, 2019).

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