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(영문) 수원지방법원 안산지원 2017.08.31 2017고단1407

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

On December 8, 2016, the Defendant driven CK5 rocketing car under the influence of alcohol content of about 0.176% at the Gun line near the Gun line located in the New Road located in Ansan-si, Sinsan-si. From around 1.5km to the roads near the Gun line, the Defendant driven CK5 Gun line car under the influence of alcohol content of at least 0.176%. On December 8, 2016, the Defendant proceeded to the roads near the said Gun line from the direction of the Gun line.

At the time, a person engaged in driving duty as night has a duty of care to safely operate by accurately operating the steering gear and steering the steering gear and the steering gear.

Nevertheless, the Defendant was negligent in driving a motor vehicle due to the influence of alcohol, such as a red and a string distance, due to the negligence of driving the motor vehicle in the front of the motor vehicle due to the driver's license, and due to the negligence of driving the motor vehicle in the front while driving the motor vehicle in the front of the motor vehicle.

As a result, the Defendant suffered injury, such as “influoral salt,” which requires approximately two weeks of medical treatment by occupational negligence, to the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate or a blood alcohol appraisal certificate;

1. A traffic accident report;

1. Application of statutes on site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act in the case of the following cases: (a) the basic area of the first type of traffic accident (the injury caused by a traffic accident) [4 months-1 years] [special mitigation (the person subject to special mitigation)] a punishment non (including efforts to recover damage), driving under drinking, etc. (the decision of sentence], Defendant.