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(영문) 수원지방법원 성남지원 2018.05.17 2018고단659
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

1. On November 23, 2017, the Defendant: (a) while driving a car in a state where normal driving is difficult due to the influence of alcohol level 0.111% of the blood alcohol level from around 0:50 to around 0:20 on November 23, 2017; and (b) driving the car along the Gambro-gu 2 in the Gambro-dong of Sungnam-si, with the sex south of the Gambro-gu in the Gambro-dong, the Defendant incurred injury, such as the left-hand scambling of the Defendant’s vehicle, due to the negligence of neglecting the obligation of the Pambro-gu in the influence of alcohol, to the part of the victim C (39 years) crossing the vehicle crossing the beam pursuant to the pedestrian signals, resulting in an injury to the victim, such as the left-hand scambling in need of treatment for about three weeks.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On the date and time set forth in paragraph 1, the Defendant violated the Road Traffic Act (drinking driving) driven a car at approximately 3 km from the spawn-dong (Spawn-dong) to the 333-meter front of the exit road in the 333 km as the same sex-nam city, while under the influence of alcohol content 0.11% in blood during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Report on a traffic accident, report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes on the screen of on-site photographs and black stuffs images;

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. 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 62 (1) of the Criminal Act on the suspended execution;

1. The crime of driving under the influence of alcohol due to the sentencing of Article 62-2 of the Social Service Order Criminal Act may infringe not only on drivers but also on the lives of citizens who use roads.

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