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(영문) 수원지방법원 2017.06.13 2017고단706
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 Bchip car.

On January 21, 2017, the Defendant, while under the influence of alcohol 0.185% among the blood transfusions on January 21, 2017, came to proceed from the roads in front of Suwon-si, Suwon-si, to the distance from the place of the playground shooting distance, and the center line of the yellow-ray is installed. As such, the Defendant had a duty of care to thoroughly operate the motor vehicle on the front side and safely in compliance with the line.

Nevertheless, under the influence of alcohol, the Defendant neglected it and got the front part of the right side of the victim D(43) driving EM5 car, which was normally driven on the opposite side by the negligence over the center line, was in front of the right side of the Defendant’s driving car.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury, such as “the chilled base and tension,” which requires two weeks’ medical treatment to the victim D, such as “the chilled base and tension,” and “the chilled base and tension,” which require approximately two weeks’ medical treatment to the victim F, who is the same passenger, for approximately 37 years of age, and suffered injury to the victim G (8 years of age) of the same passenger, which requires approximately two weeks’ medical treatment to the victim H (6 years of age) of the same passenger, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A survey report on the actual condition of traffic accidents, a report on the detection of a driver engaged in driving, and a record of drinking measurement;

1. Vehicles for accidents and photographs of places of accidents;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes Resulting from Occupational Negligence) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of penalty;

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