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(영문) 수원지방법원 안산지원 2018.05.10 2017고단3713
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around November 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a Ctea car on the following occasions: (a) around 13:45 on November 23, 2017, while driving the Ctea car, the police box of KRW 71,00,00, in Ansan-si, the distance from the police box of the members of Ansan-si, along a two-lane distance from the parallel of cirroids.

The Defendant was unable to make a speech under the influence of alcohol concentration 0.239% due to the Defendant’s blood alcohol concentration, and was driving the said car under the difficult condition of normal driving such as the galb, the galb and the red string, etc., while driving the said car at the right side of the Defendant’s vehicle, resulting in an injury, such as the victim D and the victim F (52 years of age) who was the f (54 years of age) who was the passenger on the left side of the Defendant’s vehicle to the right side of the Defendant’s vehicle, resulting in the victim’s f (52 years of age) who was the passenger on the same line with the Defendant’s driver’s vehicle to the right side.

As above, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On November 23, 2017, the Defendant driving a car with Cme while under the influence of alcohol content of 0.239% in alcohol during blood, from the vicinity of the original valley, which is located in the original valley-dong of a member of Ansan-si on November 23, 2017 to the 19th road of the same Gu Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident report;

1. Notice of the results of regulating the driving of alcohol and records of measuring the drinking alcohol;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime and Article 148-2 (2) 1 of the Road Traffic Act (the point of driving under influence of alcohol) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 of the Criminal Act:

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