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(영문) 수원지방법원 성남지원 2016.10.20 2016고단2291
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:00 on July 31, 2016, the Defendant driven CM5 vehicle under the influence of alcohol content of 0.201%, from the OKke-based golf front to the front road of the same city in Gwangju City, the Defendant driven CM5 vehicle under the influence of alcohol content of around 3km.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said SM5 car at the time set forth in paragraph 1, and proceeded with the front road set forth in paragraph 1 B from the two-dimensional distance distance to the major industrial protection.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking a traffic situation on the front side well and accurately manipulating the steering direction, brakes, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to do so and driven a blood alcohol concentration of 0.201% under the influence of alcohol, which is the degree of confluence of the walk and the walking condition, and was stopped on the part adjacent to the Defendant’s vehicle by the victim D (the age of 25) who was under the influence of the Defendant’s vehicle.

Ultimately, the Defendant driven the said SM5 vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as salt, tension, etc. of the bones of wood that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the results of the drinking driving control, a report on the status of driving a motor vehicle, a report on whether to drive a motor vehicle, a photograph, a report on the 112 Incident, a medical certificate, and a black and video CD;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of penalty;

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