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(영문) 수원지방법원 성남지원 2018.04.19 2018고단228

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cuss car in B.

On January 15, 2018, the Defendant driven the said car under the influence of alcohol content of 0.157% during blood transfusions on January 15, 2018, while driving the said car, and proceeded the five-lanes prior to the amendment of the Sinnam-si of Gyeonggi-do, Incheon Metropolitan City, with four-lanes from the surface of the tunnel to the shooting distance of the Sungnam elementary school at an insular speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, the Defendant’s failure to properly operate the so-called so-called so-called so-called “breath” system was brought to the front part of the Defendant’s car, following the victim’s Hastren car, which was stopped at the front section of the car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, injury to the victim F (24 years of age) who is the passenger of the said car, and the injury to the crums and tensions in need of approximately two weeks of medical treatment, and injury to the victim G (51 years of age), such as crums and tensions in need of medical treatment for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each written diagnosis;

1. Investigation reports on actual condition, notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge of driving);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving of Danger) and the crime committed against F with the largest criminal situation (the injury resulting from driving of danger).