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(영문) 수원지방법원 성남지원 2016.10.06 2016고단2099
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 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 engaged in driving a passenger car Bing consortium.

On June 30, 2016, the defendant driving the above car at around 22:45, and led the roads near Gwangju City to the right-side side of Taedong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

In such cases, there was a duty of care to check and take back the safety of the course while keeping the person engaged in the driving of a motor vehicle well in the aftermath and right and right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to see the road traffic, and even under the influence of alcohol by 0.230%, the blood alcohol content of which is 0.230%, which is the degree of self-fluence, and the walked behind the Defendant, received the part of the front part of the car owned by the victim E(48 years old) who is driving by the Defendant on behalf of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as light fluoral salt, which requires treatment for about two weeks, to the above victim.

2. A violation of the Road Traffic Act (driving) driving of a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.230% from the date of time and time set forth in paragraph (1), from the French-dong (Seoul) to the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. A traffic accident report;

1. Notification of the control of drinking driving, and report on whether to drive any danger;

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

1. Relevant 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 the choice of imprisonment for a crime;

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

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