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(영문) 수원지방법원 안양지원 2017.09.15 2017고단1152
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaging in driving a rocketing car.

On May 25, 2017, at around 02:00, the Defendant driven the above rocketing car with the six-laned road in the Namdong-gu Incheon Metropolitan City, D, while under the influence of alcohol content 0.161% during blood, and continued the same three-lanes and four-lanes in the direction of the outer cancer distance from the direction of the outer cancer.

At night and at the same time, the victim E(37 S) who was in the signal waiting at the front of the day had a string straw, and thus, in such a case, the driver of the vehicle had a duty of care to reduce the speed and properly manipulate the brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the brakes without properly operating the brakes, and was in the front part of the above rocketing taxi, which was in the atmosphere of signal at three-lanes, and was driven by the Defendant.

Ultimately, the Defendant driven a rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury such as salt, tension, etc. from the victim for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report, an investigation report (report on the situation of the driver in charge of the primary business), and a report on the detection of the driver in charge of the primary business;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each 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 - An order to provide community service and attend lectures - Unfavorable circumstances: a drinking driving accident and alcohol concentration in blood.

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