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(영문) 수원지방법원 안양지원 2018.07.13 2018고단24
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. On December 20, 2017, the Defendant: (a) driven CSP car under the influence of alcohol content of approximately 0.266% in alcohol on the 33km section from the 14th parallel road of the 16:15 on the same day to the 16:15 day from the 14th parallel road of the Gu in the city of the Sindong on the same day; (b) from the 33rd parallel road of the 159rd parallel of the Gu to the 33rd parallel of the 159nd parallel of the Gu.

2. On December 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said SP car while under the influence of alcohol with 0.266% of alcohol content in the blood alcohol level 0.266% as seen above, while driving the said SP car in the influence of alcohol around the direction of the crime.

Since there is an intersection, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle and accurately operating the brake system after living well the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and got off the E-Poter Cargo in front of Defendant D (32) E-Poter, which was driven by Defendant D (32) E-Poter, due to the stop of the vehicle, but was under the influence of alcohol due to the negligence of the damaged party’s vehicle’s front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said SP car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim F (F) who was on board the said victim D and the said vehicle for about 2 weeks, such as catum salt, which requires treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a response to a request for appraisal, and to the notification of the results of regulating drinking driving;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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