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(영문) 수원지방법원 성남지원 2017.03.02 2016고단4041

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

1. On September 9, 2016, the Defendant was under the influence of alcohol concentration of 0.235% in blood around September 21, 2016, and was under the influence of 0.235% in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and was under the influence of the Defendant’s driving of Benz car at around the roads of the Senior Welfare Center in front of the senior citizens’ welfare center located in Seongbuk-gu, Seongbuk-gu,

In this case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and was driving by the victim C, who was in the opposite lane due to the negligence of the centering.

D The driver in front of the city bus driver's seat was assigned to the driver in front of the chief of the car operation.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered the injury of the Defendant, such as the culpum fat, which requires approximately three weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle at a section of about 100 meters above the upper members' market level on the front road of the Senior Welfare Center for the Aged in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City under the influence of alcohol content of 0.235% in blood at the same time as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

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. A medical certificate;

1. Application of Acts and subordinate statutes on the screen of a black booming box;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act (the numerical value of drinking, however, is high);