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(영문) 수원지방법원 2017.12.20 2017고단6767

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On September 11, 2017, the Defendant driven the said car under the influence of alcohol content of 0.224% during blood transfusion around 09:50 on September 11, 2017, and driven the three-lane road in front of the D Hospital in Osan City C, Osan-si, into the junb direction at Osan City.

At the same time, the F Spon car of the victim E(34) driver was stopped in the air signal signal, and thus, the driver of the vehicle had a duty of care to look at the front line and the right and the right and the right and the right of the driver of the vehicle well and to prevent the accident in advance by accurately manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, Defendant 1 stopped in the signal atmosphere while stopping in the signal atmosphere, and was negligent by removing from the brash, and received the part behind the said spathn vehicle and the part behind the spathn in the front part of the Defendant’s driving.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, sustained the injury of the victim Party G(45 years) with the light clock and the tension in need of a two-day medical treatment, and suffered the injury of the light clock in need of a two-day medical treatment from the victim G(45 years) who was on board the said motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Application of each of the Acts and subordinate statutes (E, G) photographs, photographs, the statement report on the circumstances of the driver at the main place, and photographs and photographs by cutting booms;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the above crime between the crimes of violation of the Punishment of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles) and the punishment provided for in the above crime against E of which the specific crime is more severe);

1. Selection of each sentence of imprisonment;