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(영문) 수원지방법원 성남지원 2018.08.09 2018고단1212

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. On May 16, 2018, the Defendant violated the Road Traffic Act (driving of alcohol) driven a car with B low alcohol level of about 20km while under the influence of alcohol for about 0.203%, from the influent place to the influence of the Sin-gun, Gan-gun, Gan-gun, Gan-si, Gan-si, Gan-si, Gan-si, to the new road.

2. The defendant is a person engaging in driving a motor vehicle with the above high speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 16, 2018, the Defendant driven the above car at around 17:10 on May 16, 2018, and led to the two-lanes of the above part of the new intersection along the two-lanes in the direction of the Do from the new representative direction.

In this case, there was a duty of care to prevent a person engaged in driving of a motor vehicle from driving a motor vehicle under the influence of alcohol or drugs.

Nevertheless, while under the influence of alcohol, the Defendant neglected to do so, fell from the brakes in the signal atmosphere, and was placed in the front part of the instant high-speed car by the victim C(46 tax) driving in the same lane.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as the base of salt, tension, etc. in a state where the victim needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Traffic accident report (on-site investigation report), investigation report (on-site investigation report on the driver at the main place);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.