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(영문) 수원지방법원 성남지원 2017.12.21 2017고단2941

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

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

1. On August 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol with a 0.218% alcohol concentration during blood transfusion on August 26, 2017, and came to turn to active duty service on the side of the Gu office having jurisdiction over the west-dong located in Sungnam-si, Sungnam-si.

At the time, there was a duty of care to prevent accidents in advance by reducing speed and checking the front, rear, and left and right of the driver of the motor vehicle in such cases, since it was at night and at the same time an intersection where signal, etc. is installed.

Nevertheless, the defendant neglected to do so and caused the shock of the rear part of the C-C-high speed bus, which was driven in the three-lanes immediately preceding the U.S., immediately following the internship due to the negligence of the defendant.

As a result, the Defendant sustained injury to the victim D(48) who was a passenger on a bus while driving a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally due to the influence of alcohol, such as the base of the confluence, tension, etc. in need of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said SM3 vehicle at a section of about 5km from the front side of the 0.218% of alcohol concentration in the blood transfusion at the time of the day under paragraph (1) to the front side of the 0.218% away from the front side of the white village located in the Pungnam-gu, Sungnam-si, Sungnam-si to the front side of the 5km road at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, G, and D;

1. A survey report on actual conditions;

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

1. A medical certificate;

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

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 53 of the Criminal Act for mitigation of amount;