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(영문) 수원지방법원 2017.04.25 2016고단7337

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for four 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 B Lastren motor vehicles.

On September 3, 2016, the Defendant, while driving a rocketing vehicle with alcohol content of 0.134% in the blood alcohol level at around 02:20 on September 3, 2016, and making the left turn to the left at the intersection while driving the two-lanes of the leaf-distance 5 tea-distance 5 teas in the return road at the time of ignified into the epool epode.g., the Defendant turned to the left.

Since there is a cross-section where signal lights are installed, in such a case, there was a duty of care for a person engaged in driving of a car to drive safely according to the new code.

Nevertheless, under the influence of alcohol, the Defendant was negligent and proceeded to the left-hand turn, while neglecting the vehicle driving signal, and received the front portion of the Dbenz M280 car driven by the victim C(45 years old) who was working on the Metaol-de plane from the IC room at the time, pursuant to the Madz M280, which was driven by the Defendant’s vehicle.

As a result, the defendant driving the above vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the victim E (31) who was accompanied by the defendant's vehicle for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C prepared by the assistant judicial police officer;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to report on investigation (Refusal to submit a medical certificate to victims C);

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) are the victims E with greater criminal penalty.