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(영문) 수원지방법원 성남지원 2018.12.20 2018고단2470
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person engaging in driving a car B in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 2, 2018, the Defendant driven the said car while under the influence of alcohol of 0.132% during blood, and driven the said car at a speed of about 110km per hour, depending on the two-lanes, the two-lanes at the point of 339-2km in Seoul in the direction of the Highway Seoul, the 26-30, Gi-ri, Gi-ri, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-do.

In such a case, the driver has a duty of care to prevent traffic accidents by properly operating the steering side and the steering system.

Nevertheless, the Defendant, as seen above, was found to have been in the front part of the victim C(50) driving prior to the above two-lanes as it was due to the negligence in which the Defendant did not display the front side properly, and the part of the victim C(50) driving prior to the above two-lanes was in the front of the said car.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, was damaged by the victim, such as the cage of cage cages and tensions that require approximately two weeks medical treatment.

2. Around 02:50 on September 2, 2018, the Defendant driven a B car under the influence of alcohol with approximately 40km alcohol concentration of 0.132% from the section of approximately 40km to the point where 339-2km in Seoul is located on the Highway, the Donsan-si, the Don-si, the Don-si, the Gwangju-si, the Don-si, the Don-si, the Don-si, the Don-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report of a traffic accident, notification of the results of crackdown on drinking driving, and investigation report (No. 11 No. 5 of evidence list);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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