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(영문) 수원지방법원 안산지원 2018.10.24 2018고단2968
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 5, 2018, the Defendant, in violation of the Road Traffic Act (drinking), driven a car with alcohol content of 0.160% under the influence of alcohol while under the influence of alcohol at a 0.160%, from the parking lot No. 1 of the Yongsan-si, an Ansan-si, a member of Ansan-si, to the front roads of the same Gu.

2. The Defendant is a person who is engaged in driving a vehicle with C investment risk, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

While the Defendant is unable to drive normally due to the influence of alcohol concentration of 0.160% on the day and in the blood, the Defendant driven the said vehicle and driven the front road in front of the member-gu in Ansan-si from the original city to the private distance in the name industry from the original city, the Defendant driven the said vehicle at a one-lane distance among the two-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and steering gear well, and prevent accidents by operating the steering gear accurately.

Nevertheless, while the Defendant neglected to perform the above duty of care and was driving under a difficult condition due to the influence of drinking, the Defendant was faced with the back part of the Victim D's D's E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

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. Notification of the place where alcohol concentration is recorded in blood and the result of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

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 related to the crime (the selection of a person injured by or sentenced to imprisonment with prison labor) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act.

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