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(영문) 수원지방법원 안산지원 2017.10.25 2017고단2518

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 driving a motor vehicle with sod vehicle of C. C.

On August 19, 2017, the Defendant driven the said car under the influence of alcohol level of 0.254% during blood transfusion on August 23:14, 2017, while driving it, and driving it toward the direction of Han Bank in the direction of mountain.

At the time, there was night, and there was a center line of yellow solid lines installed, so there was a duty of care to ensure that drivers are able to thoroughly operate the front line and safely in compliance with the tea.

Nevertheless, the Defendant neglected to drive a motor vehicle on the front side while it is difficult to drive the motor vehicle normally due to influence of drinking, and neglected to drive the motor vehicle on the opposite lane due to the negligence of the centering the center line, thereby resulting in the G driving of the victim F(59) which was stopped on the opposite lane, and received the front part of the motor vehicle on the left side of the motor vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographss related to traffic accidents;

1. Investigation report (report on the situation of the driver in charge); and

1. Photographss of dystyographs from spirits;

1. A response to a request for appraisal and a written appraisal;

1. Application of Acts and subordinate statutes to medical certificates and written confirmations for admission and discharge;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44-2 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor, concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the lowest sentence shall be applicable to the crimes of violating the Road Traffic Act (driving)];

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. The scope of recommendations given to the reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures: General traffic accidents;