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(영문) 수원지방법원 2017.05.30 2017고단340
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

1. The Defendant is a person driving C radar cars as his/her duties in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 9, 2016, the Defendant driven the said car under the influence of alcohol level of 0.243% among the blood transfusion around 21:10 and continued to drive the said car at the speed of 0.243% on a speed of 57 meters in front of the City Ondo church, which was in the time of its realization, on a speed of about 30km in the direction of the forest elementary school in the direction of the city.

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, the Defendant was under the influence of alcohol and was parked on the right-hand lane prior to the right-hand.

D) The rear part of the Lone Star Engine's vehicle is being driven by Defendant's driver's vehicle, and as a consequence, it was pushed in the future and the victim E (31) and the victim F (31) was on board the vehicle.

G Receiving the rear part of the string vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victims, such as salt dump, tension, etc. in need of a two-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the rashing car in a state of alcohol alcohol concentration of about 0.243% from the 50-meter section from the front of the restaurant to the place where the said accident occurred at the time of the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A traffic accident report (1) (1) and a survey report, notification of the results of the control of drinking driving, an appraisal report on alcohol during blood and a report on the detection of a driver engaged in driving;

1. Photographss of the scene of the accident, booms, and flafs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (victim E and F statement hearing);

1. Criminal facts;

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