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(영문) 수원지방법원 2018.03.13 2017고단7817
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

The defendant is a person who is engaged in driving a CA7 car.

On August 11, 2017, the Defendant driven the said car under the influence of alcohol level of 0.158% among blood alcohol level around 04:21 on August 11, 2017, and driven the same car in front of the Eastern Apartment Apartment apartment located in Youngcheon-dong 443-3 at the time of chemicalization along the three-lanes from the 1st new city to the same 2 police box.

Since there was an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed to those engaged in driving service, properly look at the right and the right of the front side, and accurately manipulate the steering direction and the brake system in accordance with the new code to prevent accidents in advance.

Nevertheless, by negligence in contravention of the signal while neglecting the foregoing, the Defendant was at the right side of the Defendant’s driving, the front part of the victim D(W, 45 years old)’s EN-si driving, which was directly directed from the Defendant’s right side to the KN-si in accordance with the straight line to the KN-si on the Defendant’s right side.

As a result, the Defendant driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, thereby causing injury to the victim D, such as clocks and tensions that require approximately two weeks of medical treatment to the victim F (V, 44 years of age), and other injury to the victim F, who was on board the said NV car, such as clocks and tensions and tensions that require approximately two weeks of medical treatment, and at the same time, damaged the above NV car, which is owned by the victim F, who is the victim F, for the repair cost of KRW 14,473,358, such as exchange of the preceding flicks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. An investigation report on the actual condition of a traffic accident, a report on the situation of a driver of a vehicle driving, a notification of the results of crackdown on the driving of alcohol, and an inspection on vehicle;

1. On-site photographs of the accident, photographs by cutting down a black stuff image, and black stuffs of the vehicles;

1. Each written diagnosis;

1. Application of the written estimate Acts and subordinate statutes

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