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(영문) 수원지방법원 안산지원 2018.02.07 2017고단2722
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On May 13, 2017, the Defendant: (a) driven the said vehicle under the influence of alcohol by 0.135% from a section of approximately 1km from around 03:30 to Singun-si, Singu, Singu, Singu, Singu, to the village of Singun-si, Singu; (b) the Defendant driven the said vehicle under the influence of alcohol by 0.135%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol at the time indicated in paragraph 1, while driving the said vehicle in such a state that it is difficult to drive the vehicle normally, such as influoring, walking, etc., and driving the said vehicle at the speed of 28 degrees ahead of the 28th king post office in Singu-si, Sing-si, Sing-si, and driving the three-lane road toward the king area from the direction of the C

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering side and the brake system with a person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected the front week and neglected to proceed with it, and received the victim E (35 years old) who was making a road construction instruction signal in front of the course of the Defendant, in front of the said car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as the 12 week therapy to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (report on the situation of the driver in charge); and

1. Bluice stuff photographs;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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