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(영문) 수원지방법원 평택지원 2017.08.31 2017고단830

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 engaging in driving a motor vehicle BV in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 26, 2017, the Defendant driven the said car under the influence of alcohol content of 0.153% in blood at around 23:40 on March 26, 2017, while driving it on the said car, and proceeding the distance prior to C in the event of safeness from the airspace to the inner breath in the air, and led to the internship in the air.

In this case, there was a duty of care to refrain from breaking the center line in the U.S. area where there is a center line of yellow solid lines.

Nevertheless, under the influence of alcohol, Defendant D (the 55 years old) was driven by the victim’s Efranchising of Efransing of the Efransing of the Efransing car that was driven in accordance with the direct flusium from the inside of the Mafsing plane due to the occupational negligence of the central line, which led to the direct eflusing of the air from the inside of the air.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately two weeks medical treatment, to the victim.

2. Violation of the Road Traffic Act (drinking driving) driving a No. 4 in the state of alcohol alcohol concentration of approximately 0.153% in blood on the front side of the 2km section from the 2km road in the city of Ansan-si in the city of Ansan-si to the place of the said accident, the Defendant was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Article 5-11 (Selection of Imprisonment with prison labor) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of imprisonment with prison labor);

1. Article 62(1) of the Criminal Act 1.