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(영문) 수원지방법원 2017.10.18 2017고단5092
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

The defendant is a person who is engaged in driving of B-learning passenger cars.

On July 4, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.329% during blood transfusions on July 4, 2017, and led the vehicle to be driven in the underground parking lot due to the l95 marc fladation of the 195 marc, so on.

In the case of a vehicle being driven after driving, the driver of the vehicle has a duty of care to check the safety of the course and drive the vehicle in a good manner.

Nevertheless, under the influence of alcohol, the Defendant neglected this and served the left side of the victim C ( South, 72 years old) who parked a parking guide on the right side of the proceeding direction as the front wheels of the Defendant’s vehicle.

After all, the defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the victim suffered from an injury to a saw that is damaged by the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in preparation of a letter of apology against C;

1. Application of Acts and subordinate statutes to the traffic accident report, the scene of the accident, the photograph of the vehicle involved in the accident, the statement report on the situation of the driver taking charge, and the medical certificate;

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) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of execution under Article 62(1) of the Criminal Act ( favorable circumstances of the reasons for sentencing) - Drinking and the occurrence of accidents resulting therefrom, which are unfavorable to the reasons for sentencing - The degree of alcohol content in the Defendant’s blood relative exceeds the upper limit of punishment for drinking alcohol driving. The favorable circumstances - the Defendant recognized all criminal facts. The victim by agreement with the victim shall be punished for the Defendant no longer.

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