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(영문) 수원지방법원 안양지원 2018.07.12 2018고단596
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

The defendant is a person who is engaged in driving a low-priced car.

On March 6, 2018, the Defendant driven the said car under the influence of alcohol level of 0.162% during blood transfusion around 00:00, while driving the said car at a 0.162%, leading to a two-lane road in front of GWF in the Manan-gu, Manan-gu, Gyeonggi-do, Seoul, along with two-lanes in the direction of Gunpo in Seoul.

At the time, there are nights, and vehicles that were driven ahead of the vehicle stop in accordance with the stop signals, so in such a case, there was a duty of care to reduce speed to those who are engaged in driving business and properly manipulate the steering gear and brake system to prevent accidents.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded without properly examining the front side while under the influence of alcohol, the Defendant was found to have been driving of the victim H(50 years old) who stopped prior to the Defendant’s running direction in accordance with the vehicle stop signals and received the part of the Defendant’s top-down part of the vehicle in front of the vehicle in front of the vehicle in front.

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., which requires approximately two weeks medical treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A traffic accident report;

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

1. Notification of the results of regulating drinking driving;

1. A written appraisal;

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 (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances favorable to the order to attend a lecture:

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