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(영문) 수원지방법원 안양지원 2017.10.19 2017고단1366

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 driving a MF6 car.

On May 28, 2017, the Defendant driven the said SM6 car and proceeded along the two lanes in the direction of the fourth apartment complex in SM6 in SM6 while under the influence of alcohol of 0.134% of alcohol in the middle of the blood, at the SM6’s SM6 car, around 23:00 on May 28, 2017.

At the time, there was a signal at night and at the front, so in such a case, there was a duty of care to observe the signal while living the front door well and properly manipulate the brake system to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the SM6 car operated by the Defendant, which was driven by the victim C (27) who was in the atmosphere of signal due to the negligence of failing to properly operate the operation of the operation system.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. of the trend that requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the 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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 2011>

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;