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(영문) 수원지방법원 여주지원 2017.02.07 2016고단1328
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant is a person engaged in driving a motor vehicle B in the duty of driving the motor vehicle, and the Defendant driven the said motor vehicle under the influence of alcohol concentration of 0.246% in blood on February 2, 2016, around 23:29, while driving the motor vehicle on the same day under the influence of alcohol level of 0.246% in a blood line, the Defendant driven the two-lane road at the entrance of the same name in the Sincho-sip, Sincho-si, along the two-lane distance from the direction of the

In this case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as thoroughly operating the motor vehicle on the front side and accurately operating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and failed to thoroughly drive in the front time while it is difficult for the Defendant to drive under the influence of alcohol as seen above, and thereby, the Defendant received the part of the Rasta car behind the Rasta car driven by the victim C (W, 33 years old) waiting in the front time, and received the part of the lasta car driving in the front time of the laba car.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as “a climatic signboard disability accompanied by nephal ppuri disease,” which requires approximately six weeks of treatment.

2. On March 23, 2016, the Defendant driven a B saf-in vehicle under the influence of alcohol leveling 0.246% from the Dong name parking lot located in the Sin-si Sin-si, Sin-si, Sin-si, Sin-si, to the front road at the entrance of the name of the Dong name to approximately 500 meters, while driving a B saf-in vehicle under the influence of alcohol leveling 0.246%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. Inquiries about the results of crackdown on drinking driving;

1. A written statement of the driver who takes charge;

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

1. Article 148-2(2)1 and Article 44(1) of the Road Traffic Act concerning criminal facts and the aggravated punishment for specific crimes.

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