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(영문) 수원지방법원 성남지원 2017.03.23 2017고단98

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

1. The Defendant is a person engaged in driving a vehicle in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 23:10, 2016, the defendant driving the above car at around 23:10 on December 28, 2016, and driving the two-lane prior to the Gyeonggi City, Gwangju Special Metropolitan City, toward the side from the west to the west, and changed the course to the two-lane at the speed of Si speed, while driving at the speed of Si speed.

At all times, two lanes are two lanes and it is not easy to secure the night view due to night and friendly relations, so a driver of the vehicle shall not drive the vehicle in a state where normal driving is difficult due to influence of drinking, and the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle, such as checking whether the vehicle is driving in the direction of changing its course when changing its course, and driving the vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so, while driving a car in the above Swiss area with alcohol content of 0.235% while under the influence of alcohol during blood, and caused the victim D(29 tax) who was driving two lanes in the same direction due to the negligence of changing the course as it was while driving the car in the above Swiss area to the front part of the car in the above Swiss area.

As a result, the Defendant received the victim D’s salt and tensions in need of approximately two weeks’ medical treatment due to the above occupational negligence, and at the same time, the Defendant suffered approximately two weeks’ salt, tension, etc. from the victim F (26 years) who was on the top of the operation of the said BMW car.

2. On December 8, 2016, the Defendant violated the Road Traffic Act (drinking) driving a motor vehicle with approximately KRW 7 km from the area near the Gungdong in the city of Sung-nam to the front road of the Gyeonggi City of Gwangju at around December 23:10, 2016, while under the influence of alcohol content of about 0.235% during blood.

(i) the evidence;