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(영문) 수원지방법원 안산지원 2017.04.28 2017고단190

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. The Defendant is a person who is engaged in driving of a vehicle B with low risk driving (the injury or injury caused by risk driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On December 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.242% during blood transfusions on December 23, 2016, and continued to drive the said car at a speed of 0.242% on the west coast at Sinung-si of the Tang Jeju Jeju Island, which is located on the west coast at Sinung-si.

However, in a situation where normal driving is difficult due to the influence of alcohol, the Defendant was driven by the victim C (56) who was driving in a normal manner in the opposite part of the horse by negligence going beyond the center line while driving in a state where normal driving is difficult due to the influence of alcohol, and was driven by the victim C (56).

Defendant 1 suffered injury to the victim, such as salt dump, tensions, etc. in need of approximately three weeks of treatment due to such occupational negligence.

2. Defendant 1 driven an automobile with the highest alcohol level of 0.242% from the blood alcohol level at the time of the day set forth in the above paragraph 1, which was driven by the Defendant at the 1 kilometer section from the commercial influence in front of the influent restaurant located in the Jeju Jeju Jeju Jeju Island to the west coast at Sinung-si, Sinung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol, and statement or report on the circumstances of the driver;

1. A medical certificate;

1. Application of accident scene photographs and statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, and Articles 148-2 (2) 1 and 44-2 (1) of the Road Traffic Act, and each decision of imprisonment (the fact that the concentration of alcohol during blood is high, the driving of alcohol is driving, and the occurrence of an accident that makes it difficult to drive normally and causes personal and physical damage to the victim, etc.);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.