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(영문) 수원지방법원 성남지원 2016.10.20 2016고단2067
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 two years 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 a seeable Car C.

On May 11, 2016, at around 23:20, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol due to the influence of alcohol due to drinking due to the influence of alcohol at around 0.163% of the blood alcohol concentration. On May 11, 2016, the Defendant proceeded directly along the three-lane road in the direction of the distance of internal death in the direction of the city.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear, brakes, etc. of the motor vehicle, not to cause any danger or harm to others depending on the road traffic situation and the structure and performance of the motor vehicle, and to safely report the traffic situation and prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, while the defendant neglected this and proceeded under the influence of alcohol, the defendant did not avoid the victim D (at 17 years old) who crosses the crosswalk from the left side of the running direction of the defendant's vehicle to the right side, and did not have the victim D (at 17 years old) who crosses the crosswalks to the right side of the victim's bridge on the front part of the defendant's vehicle, and caused the victim to suffer the victim's abridges that require the victim's treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Relevant 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 the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (i.e., reflects the fact that there is no previous conviction, that there is a substantial number of negligence of the victim, and that some money has been deposited for the victim, etc.);

1. An order to attend a course;

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