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(영문) 수원지방법원 성남지원 2016.11.17 2016고단2699
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2016, the Defendant: (a) around 19:50, the Defendant driven CK5 cars while under the influence of alcohol with approximately 0.143% of alcohol concentration from the section of approximately 2.5 km from the front of a cafeteria located in the Dondong-Eup in Gwangju to the B adjacent roads, GK5 cars.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said car with the temporary border as described in paragraph 1, and the road near B as described in paragraph 1, in two parallel sides, according to one lane from the surface of both sides to the surface of the office of the

In this case, a driver of a motor vehicle has a duty of care to take into account the traffic situation of the front bank well and to accurately manipulate the steering direction and brake system of the motor vehicle so as to prevent accidents.

Nevertheless, the Defendant neglected this and driven as it is under the influence of 0.143% of blood alcohol concentration, which is the degree of influence of walking and in an incorrect manner, and led the victim D(22) who stops at the front of the vehicle in front of the Defendant’s vehicle in front of the vehicle at the eM3 car driven by the victim D(22 years of age) who stops in front of the vehicle at the front of the Defendant’s vehicle, and caused the said M3 car to be driven by the victim F(42 years of age) who stops in front of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D and the victim H (the victim of 22 years of age) who is his/her passenger, such as finites in need of treatment for about two weeks, and suffered injury to the victim F, such as cinites and tensions in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Investigation report (the rate of injury caused by dangerous driving);

1. Each written diagnosis shall be subject to the law.

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