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(영문) 수원지방법원 성남지원 2017.01.19 2016고단3515
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. Around October 13, 2016, the Defendant was driving a vehicle with C low-speed painted by 0.166% under the influence of alcohol from the 1km section from the 1km road near the 102-ro, Jongno-gu, Seoul to the roads near the Seoul Central-gu, Jung-gu, Seoul, while under the influence of alcohol by 0.16%.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car with the time and border as stated in paragraph (1) and a car with the above highest PP, proceeded along three-lanes between the three-lane roads near B in Seoul, from the active air area to the airside in Seoul.

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected this and neglected to drive a motor vehicle under the influence of alcohol content of 0.166% while driving a motor vehicle under the influence of alcohol which is the degree of a little string of walking, and then was driven by the victim D (W, 49 years old) who stops at the front of the motor vehicle due to the motor vehicle due to the motor vehicle in front of the bend part of the motor vehicle.

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 the crypumum for two weeks of medical treatment, by driving the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting of a traffic accident (1) (2);

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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