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(영문) 수원지방법원 안양지원 2018.07.11 2018고단327

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

1. On December 21, 2017, the Defendant, while under the influence of alcohol at 00:36% of the blood alcohol during the influence of around 00:27% on the road traffic, was driving a car re-scheduled by C 2 km over a distance of about two km from the Do in front of IT U.S. to the 297 A.S. Do in the 297 P. Gyeong-si, Sinpo City.

2. The Defendant was under the influence of 0.227% of alcohol level in blood at the time of a day as described in the above paragraph 1 at the time of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the Defendant driven a motor vehicle at the speed of about 40 km in the direction of water level in the direction of safe flow, as described in the above paragraph 1.

In this case, the driver of the vehicle has a duty of care to properly operate the brakes by properly operating the brakes while living well in the front door.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look at the front bank properly, and caused the victim D(29) driving in the front bank by negligence, which led to a shocking part of the back of the passenger vehicle of the victim D(29).

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, suffered injury such as d and the victim F (44 ) who was on a motor vehicle at the victim D and the victim F (44 ) who was on board the motor vehicle at the same time due to the influence of drinking each for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared D and F;

1. Traffic accident report, report on the circumstances of the driver involved in driving, and report on the detection of the driver involved in driving;

1. Written reply to an appraisal;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accident scene, vehicle photographs, and film materials photographs;

1. Articles 148-2(2)1 and 44(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts (the point of drinking) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driving under influence of alcohol).