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(영문) 수원지방법원 성남지원 2017.10.12 2017고단2223
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

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on October 11, 2006 by receiving a summary order of KRW 1 million for the same crime from the same support on June 3, 201 to a fine of KRW 3 million for the same crime, respectively, in the support of the Sungnam-gu Friwon, for the violation of the Road Traffic Act.

[Criminal facts] The Defendant is a person who is engaged in driving B and III cargo vehicles.

1. On August 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol by 0.153% during blood transfusion, and the Defendant driven the above wing and III cargo vehicle while driving at the speed of 0.153% during the influence of alcohol, thereby driving the front road of the Mannam-si Da in front of the Mannam-si, along the two-lanes along the two-lanes.

At this point, there was an intersection where signal lights are installed in the front bank, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed and checking the front, rear, and left well.

Nevertheless, the Defendant neglected to stop on the front side by negligence and brought the back part of the EM5 vehicle driven by the victim D (hereinafter referred to as 32 years old) who was standing in the signal air at the front side of the vehicle operated by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

2. On August 2, 2017, the Defendant was under the influence of alcohol by 0.153% from the section of approximately 7 km in blood from the section of “Seoul Airport Follow-gu” to the front road of the same Gu, as the erogate of Sungnam-si, Sungnam-si around 19:20 on August 2, 2017, the Defendant driven the above wing and III cargo vehicle while under the influence of alcohol by 0.153%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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