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(영문) 수원지방법원 안산지원 2018.05.03 2018고단460
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

The defendant is a person who is engaged in driving a low-priced vehicle B.

On January 20, 2018, the Defendant driven the said car under the influence of alcohol level of 0.121% among blood transfusion around 06:10 minutes, and driven it along the two-lanes between the two-lanes on the side of the port where the DNA oil station in Ansan-si C is located on the right side of the sea.

In such cases, the driver had a duty of care to safely drive the driver while accurately operating the steering room, the steering gear, and the brakes.

Nevertheless, the defendant was under the influence of alcohol as mentioned above while proceeding as it is, and the defendant was under the influence of the victim E driver's license who was in the atmosphere of signal at the front, and was in front of the above high string of the driver's license.

Ultimately, the Defendant driven the above low-speed string vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the injury of the victim E and the victim G, who is the same with the above string vehicle, to approximately three weeks of light tensions, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents, reports on the results of regulating drinking driving, etc., and statements on the circumstances of drivers of drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The main sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) and the main sentence of Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor ( Consideration of the fact that one-time punishment has been imposed on driving under drinking, etc.);

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 of the suspended execution (the fact that the defendant reflects his fault and that the defendant's driver's vehicle is covered by a comprehensive insurance will be likely to recover from damage.

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