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(영문) 수원지방법원 2016.10.27 2016고단4153

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.

On April 17, 2016, at around 00:03, the Defendant driven the said car while under the influence of alcohol of 0.18% with a blood alcohol concentration of 0.18%, and led the Defendant to turn to the left at an insular speed at the 4th of the residents of the second apartment in front of the Young-gu, Young-gu, Young-gu, U.S., the second apartment in front of the second apartment in Young-dong. At the time, the Defendant was under the influence of the horse in an inaccurate manner, and the walking distance was difficult to drive normally.

Nevertheless, the Defendant: (a) driven a car in the above state; (b) was driving a car at the speed of the 200-day intersection, and was driving the 42-year-old intersection from the shot-distance off to the Young-dong intersection; and (c) was faced with the injury of the victim C (the 42-year-old) driving of the 42-year-wide-distance intersection to the right side of the Defendant’s driving vehicle, resulting in approximately 57-day medical treatment

Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. Around 00:03 on April 17, 2016, the Defendant driven a B rocketing car under the influence of alcohol content of 0.188% at a section of approximately 500 meters, from the front of the KO2 apartment at Suwon-dong, Suwon-gu, Suwon-si, to the intersection of the shooting distance in front of the second apartment in front of the second apartment in the same Gu-dong, Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons C;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are two crimes.