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(영문) 수원지방법원 성남지원 2016.11.21 2016고단3005
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2016, the Defendant: (a) driven a B car under the influence of alcohol of 0.121% of alcohol alcohol concentration in the section of approximately 3km from the 131km-ro, Gwangju-si, Gwangju-si, to the roads near the Taedong-dong located in the same city-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said car with the temporary warning set forth in paragraph 1, and driving the said car with one-lane one-lane one-lane one-lane one-lane one-lane one-lane one-lane one-lane one-lane one of the apartment rooms under E in V from the lux

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and operating the steering system of the motor vehicle and to prevent accidents.

Nevertheless, the Defendant neglected this and went through the intersection while under the influence of 0.121% of blood alcohol concentration, which is the degree of her speech and behavior, and the walking enters the intersection, and the victim C (the age of 42) who passed the above intersection from the right right side of the defendant, passed the above intersection to the left side of the defendant's vehicle, received the part that is the front part of the left side of the DSS3 car driven by the victim C (the age of 42).

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, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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