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(영문) 수원지방법원 안양지원 2017.06.22 2017고단607
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. Around 21:00 on January 24, 2017, the Defendant driven BMW X5 car under the influence of alcohol concentration of about 0.14% from the 6km section of the mountain tunnel to the 1km point in the front of the office of the MBK company located in Seocho-gu Seoul, Seocho-gu, Seoul, to the 39-si, U.S. Do-si, U.S. Do-si. Do-si.

2. On January 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BMW X5 car while under the influence of alcohol by driving BMW X5 car at a point of 1 km from the front line of the tunnel in the mountain-ro of the Ycheon-si, U.S.-si, U.S., in a state of 0.14% under the influence of alcohol during blood, and proceeded at an insular speed.

The place is a lot of automobiles operated in the front, and the automobiles are parked in the front, so there was a duty of care to live well in the front door and to accurately operate the steering wheel and brake system for those engaged in driving duties.

Nevertheless, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s failure to properly operate the brake system, and was under the influence of the Defendant C(A, 55 years old).

D 포 르 테쿱 승용차의 뒷 범퍼를 피고 인의 승용차 앞 범퍼로 들이받았다.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and report on traffic accidents;

1. Notification of a report on detection of a driver engaged in driving and the results of regulating drinking driving;

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

1. Selection of punishment for a crime under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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