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(영문) 수원지방법원 성남지원 2017.08.24 2017고단1202
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

[criminal history] On January 26, 2011, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on January 16, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million for the same crime from the same court on January 16, 201.

[Criminal facts] The Defendant is a person who is engaged in driving a XG bus.

1. On March 18, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol by 0.220% of alcohol concentration during blood transfusion on March 14:30, 2017, and was driving the said Tra XG passenger car at a low speed from the side of Seoul to the stadium for the adjustment from the south City.

At this point, there was an intersection where signal lights are installed in the front bank, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed and driving safely by checking well the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and stopped at the signal atmosphere at the front of the vehicle of the Defendant, which was driven by the victim C(43) who was driven by the victim C(43) due to the negligence of neglecting it, and led to the Defendant’s collision with the front part of the vehicle of the Defendant.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks medical treatment, to the victim.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the said Twork XG car in a state of alcohol alcohol content of about 300 meters at the section of approximately 00 meters, from the upstream of the upper day of Gangdong-gu Seoul Metropolitan Government to the yellow mountain distance located in the Hanam-si, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of the drinking control;

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