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(영문) 수원지방법원 성남지원 2017.11.09 2017고단2163

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 the operation of B Lastren motor vehicles.

1. On June 20, 2017, the Defendant driving the said car under the influence of alcohol content of 0.114% in blood at around 00:20 on June 20, 2017, and driving the said car at a point 344.2 km from the south side of the middle highway located at the beginning of the beginning of the Gyeonggi-si, Gwangju Metropolitan City, along the two-lanes between the two-lanes.

At the time, at night and at present, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and safely examining the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and got off the part of the Defendant’s vehicle in front of the passenger car, which was driven by the victim C(49 years old) which was driven by the victim C(49 years old).

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as double strawing, which requires medical treatment for about two weeks.

2. Around 00:20 on June 20, 2017, the Defendant driven the said rocketing car under the influence of alcohol content of about 10 0.14% from the section of about 10km in the middle-lane 344.2km located at the beginning of the same Si/Eup/Myeon to the point where the first is located at the middle-lane 344.2km located at the beginning of the same Si/Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A copy of a medical certificate (C);

1. Application of statutes on site photographs;

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