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(영문) 수원지방법원 성남지원 2016.11.24 2016고단3203
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:21 on August 25, 2016, the Defendant violated the Road Traffic Act (i.e., the after-accident) (i., the driver of a motor vehicle) when driving a rocketing motor vehicle, and driving a motor vehicle at B rocketing on the right side of the motor vehicle and moving to the king from the surface of the horizontal road located in the sloping-dong of the sloping-gu, Sungnam-nam-si, to the sloping-do to the sloping-do, and (ii) when driving the motor vehicle, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle so as to prevent the accident by driving the motor vehicle while driving the motor vehicle, while neglecting the duty of care, the Defendant failed to stop the traffic signal, etc. installed on the right side side of the motor vehicle, and failed to take necessary measures for traffic safety.

2. Around 22:50 on August 25, 2016, the Defendant driven the said rocketing car under the influence of alcohol content 0.198%, while under the influence of alcohol, after going through the places described in paragraphs (1) from the insular area (hereinafter referred to as the “scambi-dong”), to the 180-ro scam-ro scam-on-ro 180-ro scam-ro scam-ro scam-ro spon-ro 180-ro spam-ro spam

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to enter the entrance of an officetel underground parking lot as set forth in paragraph 1 by driving the said rocketing car at the time and time set forth in paragraph 1.

In this case, there was a duty of care for those who are engaged in driving of a motor vehicle to live well on the back and right of the motor vehicle and to accurately operate the steering direction and the brake system of the motor vehicle.

Nevertheless, the defendant's neglect of this and the defendant's blood alcohol concentration of 0.198% is under the influence of alcohol, which is the degree of unafluence, and the defendant is waiting to enter the entrance of the parking lot at the rear bank of the defendant at the time when the victim C (e.g., those 38 years old) is driving.

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