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(영문) 수원지방법원 성남지원 2017.11.30 2017고단2838

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving a rocketing car.

1. On September 22, 2017, the Defendant: (a) was under the influence of alcohol of the victim D (37 years) who stops in the air with a signal at around 0.142% on September 22, 2017; (b) while driving the said rocketing car along two-lanes from the horizontal side of Gwangju City along two-lanes on the waterside side; (c) it is inaccurate that the Defendant is under the influence of drinking; (d) the Defendant was negligent in neglecting the front-time city in a situation where normal driving is difficult due to the influence of drinking, such as a string distance, face color, etc.; and (e) the Defendant was under the influence of the victim D(37 years) who was under the influence of the signal at the front time and caused the injury to the victim on board the front left-hand part of the 5-day passenger vehicle requiring treatment of the victim on board the 2-day passenger vehicle, etc., the Defendant was under the influence of the victim on the front side of the 5-day passenger vehicle.

2. Defendant 1 driven a rocketing car under the influence of alcohol concentration of approximately 0.142% from the 1.5km section from the road located in the hydrocheon-si, Lee-si, the Sincheon-si, the same as the above paragraph 1, to the front day of Gwangju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and statement of the situation of the driver who takes driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.