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(영문) 수원지방법원 안산지원 2017.10.18 2017고단2290
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a three-dimensional car.

On July 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.213% during blood transfusion around 23:00, and changed the lane from the 12th parallel parallel of land in Ansan-si to the elementary intersection of grassland while driving the said car along the two-lanes between the 12-lane and the 3-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front side and the left side side and the left side side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant was under the influence of alcohol as above while proceeding as it is without being negligent, and the part on the left side of the victim E(40) driving of the victim E(S) waiting for signaled red signal prior to the mathing was placed under the front side of the above vehicle by the defendant driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as light chills, tensions, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of E;

1. A written appraisal of alcohol during blood;

1. A traffic accident report and a report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to photographs at each accident site;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), 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. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on Reduction of Reduction of Quantities (abstinence and rebuttal of the defendant, the defendant has not been punished in excess of a fine, and the defendant has only agreed with the victim and the damaged person against the defendant.

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