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(영문) 수원지방법원 안산지원 2017.10.19 2017고단2320
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

Punishment of the crime

1. The Defendant is also a person who is engaged in driving a bareboat cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 28, 2017, the Defendant, while under the influence of alcohol 0.345% during blood transfusion, driven the roads located on the 1058 east-gu coast in Ansan-si, Ansan-si, Gyeonggi-do, under the influence of alcohol 0.345%, and led the Defendant to proceed directly from the offline of the offline of the apartment, along with the first lane between the two lanes.

At the time, the vehicle is in progress at night and next lanes, and in such a case, there was a duty of care to operate the driver by properly manipulating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to properly operate the operation of the operation system, was placed in a straight line on the two-lanes of the victim C (AW 25 years old) driving or the left-hand side and back-hand side of the passenger car, and was also placed in the front part of the cargo vehicle.

As a result, the Defendant, in the situation where normal driving is difficult due to the influence of drinking, was driving of the above co-section boom, and suffered bodily injury, such as salt, tension, etc. of the light that requires approximately two weeks medical treatment to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the vehicle boomed under the influence of alcohol content of approximately 0.345% from the 50-meter section from the 8-ro to the place indicated in paragraph (1) of this Article, in a state of under the influence of alcohol with the alcohol content of about 500 meters from the 8-ro-ro-ro to the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written appraisal of alcohol concentration in the blood;

1. A medical certificate;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2(2)1 and 44(1) of the Road Traffic Act concerning the crime.

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