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(영문) 수원지방법원 성남지원 2020.04.07 2019고단2447
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

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. On April 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) (hereinafter “DD”) and the Defendant was driving a Habrid car with a blood alcohol concentration of 0.143% at a 0.143% under the influence of alcohol on April 27, 2019, while driving the Habrid car at a three-lane in front of Daegu Seo-gu, Seo-gu, the four-lane road in front of the C at a merchants’ four-lane distance protection area from the merchants’ four-lanes, due to the negligence that entered the said intersection with a speed of 60km/h above 95km/h and turn to the left, resulting in the victim’s injury, such as taking the victim’s 37 years old, by getting the front part of the Defendant’s vehicle in front of the said Haba taxi and taking the victim’s injury, such as light dyp, etc. (hereinafter “the above 37 years old passenger”).

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 the injury of people.

2. Around 01:50 on April 27, 2019, the Defendant driven a hybrid vehicle at the 1km section to the point of the accident described in paragraph (1) at around 1km until the point of the accident described in paragraph (1), while under the influence of alcohol at a level of 0.143% in blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A survey report on the actual condition of a traffic accident (six pages), on-site photograph of a traffic accident, each medical certificate, and a investigative report (in violation of speed limit and 45 pages of the investigation records);

1. Application of Acts and subordinate statutes, such as a report on the circumstantial statement of a drinking driver (17 pages of investigation records), an investigation report (18 pages of investigation records), and the results of crackdown on drinking driving;

1. Each relevant Article of the Act concerning criminal facts;

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