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(영문) 수원지방법원 2017.11.21 2017고단6261
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who is engaged in driving a car in the B SP area.

On July 30, 2017, the Defendant driven a spoke-type car with alcohol content of 0.184% during blood transfusion around 04:20, while driving a spoke-type car with alcohol content of 0.184%. On July 30, 2017, the Defendant sent two lanes in front of the apartment of the 147-1 KCC Switzerland 147-1 KCC Switzerland to the spoke-type of the Sinsan-si.

At this point, only the sign of permission for the internship was installed without indicating a separate internship time, so there was a duty of care to prevent the accident in advance by accurately manipulating the front and right and the right and the right and the right and the right of the driver of the motor vehicle prior to the internship.

Nevertheless, under the above circumstances, Defendant 1 was under the influence of alcohol and was under the influence of the Defendant’s driver’s license, and the part of the Defendant’s driver’s license of the victim C(S, 34 years old) driving, which was going to the right line from the parallel of the two directions. The part of the Defendant’s driver’s license of the victim C(S, 34 years old) driving in the front line of the passenger’s license.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and the Defendant suffered approximately eight weeks of medical treatment to the left-hand staff members in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A E-document;

1. Consent to blood collection and confirmation, and response to a request for appraisal;

1. A report on the detection of the driver at the main place of business (No. 27 of evidence list);

1. A traffic accident report, an accident scene, and photographs of an accident vehicle;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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