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(영문) 수원지방법원 안산지원 2018.03.21 2018고단463

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

1. On December 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of around 22:30 on December 29, 2017, and under the influence of alcohol level of 0.186% on blood, the Defendant driven the said vehicle and led three-lanes of the three-lanes of the roads in the middle of the 4-lane of the previous 4-lane of the building located in the Hansan-si, Nowon-gu, Seoul Special Metropolitan City, into the front area.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and even in the case of driving, they have a duty of care to take care of the front and rear side and left side, and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, as a result of the influence of alcohol, was negligent in the course of driving while driving in a state where normal driving is difficult due to the influence of alcohol, and was negligent in the course of driving without properly examining the front side, and was charged with the back part of the victim B's D Poter freight vehicle in the direction of driving in the front part of the above launa car. The Defendant suffered injury, such as the laun, tensions, etc. of the trend that requires approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a vehicle under the influence of alcohol level of 0.186% during blood while under the influence of alcohol level of 0.186%, from the front of an influent restaurant near the Seocho-gu Seoul Special Metropolitan City, Ansan-si's grassland to the front of the building located in the same 4-way from the front of the original cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. The actual investigation report on traffic accidents;

1. A paper of measurement of drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime.