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(영문) 수원지방법원 안산지원 2016.09.21 2016고단3108

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

On July 25, 2016, the Defendant driven B-II cargo under the influence of alcohol content of approximately 0.162% from around 25km-gu, Annsan-si, Annsan-si, Seocheon-si, 327, Seocheon-si, Seocheon-si, B-II, which was located in Seocheon-si, Seocheon-si, 327, to the 2006. The Defendant driven B-II truck under the influence of alcohol content from around 25km-si, Annsan-si, Annsan-si, and the road was driven from the Incheon side to the water level.

At the time, since the road where signal lights are installed at night is in progress, a person engaged in the driving of a motor vehicle has a duty of care to safely drive by accurately operating the steering room and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a motor vehicle in the front of the foregoing cargo vehicle due to the influence of drinking, such as smelling at his entrance, and driving a motor vehicle by neglecting to drive a motor vehicle in the front of the foregoing cargo vehicle in the situation where normal driving is difficult due to the influence of drinking, and received the rear part of the victim C's Dtra XG motor vehicle waiting under the stop signals at the front of the foregoing cargo vehicle.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. Photographs related to accidents;

1. A report on the detection of a primary driver;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) has not yet been agreed with the victim, but considering such factors as the confession and reflection of the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant has no record of punishment exceeding the fine

1. Social services;