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(영문) 수원지방법원 여주지원 2016.10.19 2016고단892
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is a person driving a car in B Co.

On June 16, 2016, at around 15:05, the Defendant was under the influence of alcohol with 0.15% of blood alcohol level 0.15%, and the Defendant continued the front of the “D” road in Gyeonggi-si, which was under the influence of alcohol level 0.15%.

It is a bend road where the width is narrow and the central line is not installed, so the driver of the vehicle has a duty of care to thoroughly control the front and to prevent the occurrence of the accident by properly manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and neglected to drive under the influence of alcohol, and neglected to properly operate the operation of the operation and steering gear, and caused the victim’s injury, such as catum salt, etc., for which the victim E (the age of 29) was under the influence of stopping at the front of the driver’s vehicle, by taking the front part of the caton vehicle operated by the victim E (the age of 29).

2. Violation of the Road Traffic Act (driving) the Defendant driven a car in the column B while under the influence of alcohol with approximately 0.15% alcohol concentration from the Defendant’s house located in G at the time of the temporary border game as set forth in paragraph (1) to the front day of the “D”.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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