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(영문) 수원지방법원 안양지원 2018.01.25 2017고단2057
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 taxi in K7.

1. On October 23, 2017, the Defendant driven the said taxi under the influence of alcohol with approximately 0.183% alcohol concentration from the 1km section of approximately 1km to the 16:20 on the same day from the day before the cafeteria-ro 85, Suyang-gu, Suyang-gu, Suyang-gu, Suyang-gu, Suyang-ro, Suyang-ro, the Suyang-gu, Suyang-gu, Seoul, to the roads along the Hodong Winter Winter-dong, for the same period from around 16:20 on the same day.

2. On October 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven around 16:20% of alcohol concentration in blood, 0.183%, and driven the two-lane road in the direction of one lane in the direction of one-lane while driving the said taxi in a state where it is difficult to drive the taxi normally due to the influence of drinking, such as a string distance.

In such cases, the driver of the vehicle has a duty of care to keep the front left and right well and safely drive the vehicle with a safe distance, and to properly manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in driving in a straight fashion and waiting in the front line of the taxi of Defendant C (Woo, 34 years old) who was waiting in the front line of the taxi of Defendant 1, and received the back part of the lurged vehicle of Defendant 1 as the front line of the taxi of Defendant 2.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light and fluoral salt, which requires approximately two weeks of treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of dangerous driving) as to the crime.

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