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(영문) 수원지방법원 평택지원 2017.05.24 2016고단2243
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 who is engaged in driving a vehicle B at the end of the specific crime, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.157% during blood transfusions on October 21, 2016, while driving the said car, and driving it along three-lanes from the west to the Austria.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (SM7) who was standing in the signal atmosphere from the front bank due to negligence of not operating the brake system properly while neglecting this, and was driven by the Defendant as the front part of the passenger car of 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, and suffered injury, such as dump dump, which requires treatment for about two weeks.

2. On October 10, 2016, the Defendant was under the influence of alcohol level of 0.157% from the blood transfusion on October 21, 2016, and driven the said vehicle from the apartment parking lot to the 900-meter distance from the front parking lot of Pyeongtaek-si, without obtaining a driver’s license, while under the influence of around 21:50 on October 10, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving).

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