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(영문) 수원지방법원 안산지원 2018.05.10 2018고단922

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

The defendant is a person who is engaged in the operation of the B car.

1. On February 8, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.112% at a distance of about 500 meters from the Do near D located in Ansan-si, Ansan-si, Seoul to the front road of the members E-gu, Ansan-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the above vehicle at the date stated in the above paragraph (1) and led to the flow of the road in front of Ansan-si E from the border elementary school to the Domdo.

Since there has been a center line of yellow solid lines, the driver had a duty of care to thoroughly operate the front line and safely to protect the tea.

Nevertheless, the Defendant neglected to drive the said vehicle while under the influence of alcohol as described in the foregoing paragraph (1) and was in front of the said car by driving the said vehicle in a situation where it is difficult for the Defendant to drive the said vehicle under the influence of normal traffic, thereby overcoming the center line, and was in front of the said car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the victim FF to suffer injury, such as dump f, tensions, etc., which requires treatment for at least two weeks, and the victim H, who is the same as the driver of the said rocketing motor vehicle, suffered injury to the victim H, such as the fumping of breasts, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written diagnosis;

1. Notification of the results of regulating drinking driving;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 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