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(영문) 수원지방법원 성남지원 2017.06.29 2017고단1078

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 1078] The defendant is a person who is engaged in driving of a D Kaman car.

1. On April 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol at around 0.131% of alcohol concentration among blood transfusions on around 21:40 on April 16, 2017, and led to a two-lane road at the entrance of ice, at the border of Gwangju City, from the side of Gwangju City along one lane.

At the time, there are nights, and there are vehicles standing in the signal atmosphere, so in such a case, there was a duty of care to safely drive the vehicle by reducing the speed and checking the front, rear and left and right of the vehicle driver.

Nevertheless, the Defendant neglected to stop, while driving the FK5 vehicle driven by the victim E (the age of 34) who was waiting at the signal waiting in the front of the Defendant’s front line, and got the Defendant’s front driver’s vehicle, and let the said K5 passenger vehicle pushed in the front line, and let the Defendant drive the Hsch Rexton vehicle, which was waiting in the signal waiting in the front line, in the front line.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which is difficult to drive normally, and suffered from the injury of the victim E, victim G, and Bosch Rexrothn car I, each of whom requires approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) driving a car under the influence of alcohol with about 30km alcohol concentration 0.131% from the section of approximately 30km from the ice-type parking lot located in the Dong-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City to the ice-type entrance road located in the ice-gu, Gwangju Metropolitan City.

[2017 Highest 1319] On April 16, 2017, the Defendant, while under the influence of alcohol at 0.089% during blood transfusion on April 22:50, 2017, shall be viewed from the front of the ice factory in the actual village of Gwangju City.