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(영문) 수원지방법원 성남지원 2018.02.01 2017고단3048

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

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 CNEW EF rocketing car.

On September 22, 2017, the Defendant driven the said rocketing car with a alcohol content of 0.132% during blood transfusion at a 04:28%, and proceeded at a speed that would not be known from the 2nd parallel construction site to the 136-2-lane Mari-ro, Mari-gu, Manam-si, Sungnam-si.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, got the back portion of the victim D(53) driving E-si's left side of the said E-si, which was going to go on on the road due to the negligence of breaking the center line, and received as the left-hand side of the said E-si.

Ultimately, the Defendant driven a motor vehicle under the influence of drinking, and caused the victim D (53) and F (19 years) who was on board the said taxi to suffer bodily injury, such as climatic salt, which requires treatment for about three weeks, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said rocketing car in the state of alcohol alcohol content of about 0.132% from the 1km section from the 1k-ro 136-2-ro rithm to the 145-ro rithm amendment of the Sinnam-si in the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements concerning D and F;

1. Reports on traffic accidents, surveys on actual condition, and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing field photographs and motion picture images of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.