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(영문) 수원지방법원 안양지원 2018.07.17 2017고단2449
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. On December 12, 2017, the Defendant driven a e-car under the influence of alcohol level of about 0.120% in the section of approximately 800 meters from the roads of the Cpin village factory located in the Gu in Ansan-si, and around 22:35 on the same day from the day to the front road of the same building in the same Gu.

2. Around December 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) led the Defendant to drive a motor vehicle under the influence of alcohol level of 0.120% in blood while driving the motor vehicle under the influence of alcohol level of 0.120% in front of the above D building, and proceed to the three distance of the D building from the boundary of the horizontal distance.

In this case, the driver has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of care to operate safely.

Nevertheless, the Defendant, while neglecting this, was under the influence of alcohol and was driven by the victim F(46) who was in the atmosphere of a signal to the front bank by negligence, and was driven by the Defendant at the front of a car driven by the Defendant.

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. in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to one year (the scope of the recommended punishment) shall be the type of general traffic accident.

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