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(영문) 수원지방법원 안양지원 2018.05.24 2018고단112

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

[criminal history] The Defendant had a record of receiving a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Sungnam-gu Friwon on September 11, 2012.

[Criminal facts]

1. On December 26, 2017, the Defendant violated the Road Traffic Act (drinking) driven an E rocketing car under the influence of alcohol with approximately 2km alcohol concentration of about 0.117% from the 2km section to the 602 front road from the road near the 123 west-ro, the Gu-gu side 123 west-ro to the 13 elel village 602 east-ro.

2. On December 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) was driving the said rocketing car under the influence of alcohol content of 0.117% in the same way as that of the 13 lux village Hyundai Apartment 602 East-ro, an old-gu vice-ro during the Ansan-si period, along the foregoing two-lanes along the north door of the agricultural and fishery market.

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 was negligent in driving so that the Defendant got the back of the Victim F(59) drive while waiting for a signal at the Defendant’s passenger car in front of the Defendant’s passenger car. The Defendant got off the Defendant’s vehicle in front of the Defendant’s passenger car.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim H(27 Do) who was on board the said car from the said victim and the victim, such as the clock, tension, etc. for about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of F and H;

1. A traffic accident report;

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

1. Notification of the results of the crackdown on driving under drinking;