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(영문) 수원지방법원 성남지원 2018.09.20 2018고단806
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

On November 14, 2017, the Defendant, while driving a B Poter Cargo in a state where it is difficult to drive normally due to the influence of alcohol 0.248% during blood transfusion at around 21:30%, and driving a two-lane of the three-lanes in the 239-do Don-ro, Hanam City, Hannam City, by negligence, who neglected the duty of her front direction while under the influence of alcohol in the process of driving the two-lanes of the two-lanes in the 209-do Dondo 239-ro, straightbing from the front intersection to the high school shooting distance.

C Lastring vehicles shock the back part of the rocketing vehicle, and the shock caused a traffic accident in which the rocketing vehicle was pushed down in the future and stopped at the front of the vehicle.

The victim E (the 58 years old), a driver of the Category C Last F (the driver of the truck trucking trucking vehicle), who is the driver of the said traffic accident, suffered from the injury of the crums, tensions, etc., which requires approximately 2 weeks medical treatment, and the victim F (52 years old) who is the driver of the trucking trucking vehicle, suffered from the injury of the crums, tensions, etc., which require approximately 2 weeks medical treatment.

Accordingly, the defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Each written diagnosis;

1. A traffic accident report, a statement on the circumstances of the driver at home, a statement on alcohol during blood, or a report on the detection of the driver at home;

1. Application of the photographic Acts and subordinate statutes by cutting down a motor vehicle labboxe 2

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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