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(영문) 수원지방법원 성남지원 2018.08.23 2018고단1478
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 engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 22, 2018, the Defendant driven the said car in the condition that it is difficult to drive the car normally due to the influence of alcohol 0.159% among blood alcohol at around 23:00, while driving the car at the right-hand turn on the left-hand turn on the front side of the Han Bank, located in Gwangju City as Gwangju City, at the right-hand turn on the back side of the speed-on (e.g., Orpoon Eup) in front of the Han Bank, in the process of driving the car at the right-hand turn on the back side of the speed-on road (e.g., the Defendant was negligent in neglecting the duty of Jeonju City due to his negligence while driving the car at the right-hand speed of the victim C (45 years) (e.g., the victim C (45 years), which caused the speed of the Defendant to drive

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking or drugs, resulting in the injury of the victim, such as the climatic salt, tensions, etc. in need of two weeks of medical treatment.

2. On June 22, 2018, the Defendant driven the said vehicle under the influence of alcohol content of about 0.159% from a 400-meter radius to the roads adjacent to the Haa Bank located in the Haa Bank located in the Gyeong-dong of Gwangju City, Gwangju, to the roads located in the 9th city of Gwangju, as the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Investigation report on the actual traffic accident, report on the occurrence of a traffic accident and report on the circumstances of the driver of the primary driving;

1. Application of the Acts and subordinate statutes governing the closure of accidents vehicle photographs and CCTV images;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving).

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