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(영문) 수원지방법원 안양지원 2017.01.06 2016고단1879

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

1. On September 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a B-do motor vehicle under the influence of alcohol concentration of 0.21% in blood while under the influence of alcohol level of 0.21% in the middle school of knife and left the left.

There is a place where a signal, etc. is installed, and in such a case, there was a duty of care to drive safely in accordance with the good faith by checking well the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and led the victim C (43 ) who was proceeding in accordance with the new code on the surface of the window by negligence in violation of the signal, with a view to a view to a view to a storming of wind, and the front part of the D SP car driven by the victim C (43 ) was shocked into the front part of the left-hand part of the franchise car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injuries such as salt pans, tensions, etc. of the shoulder that requires approximately two weeks medical treatment to the victim C.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a chip car under the influence of alcohol 0.21% at the date and place specified in paragraph 1, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

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

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;