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(영문) 수원지방법원 안양지원 2017.05.11 2017고단191
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 one year 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 motor vehicle B.

On December 21, 2016, the Defendant driven the said car under the influence of alcohol content of 0.145% in blood at around 23:50 on December 21, 2016, and driven it in the limit of 204 lanes in front of the shock distance in front of the 204-lane, at the inside of the Mangyang-gu, Syang-gu, Syang-gu, Syang-gu, and proceeded along one lane from the distance of the police station to the distance of the post office.

At the time, there are nights and fronts of the vehicle, and thus, the driver of the vehicle had a duty of care to prevent the accident in advance by safely driving the vehicle by keeping the front door well.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of drinking and neglected to do so, and was negligent in driving on the front side of the Defendant, thereby making the victim C(26 ) who was standing in the signal atmosphere from the front side of the Defendant, and received the part behind the Defendant’s vehicle and the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a statement on the circumstances of driving at home;

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

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 (1) of the Criminal Act on the suspension of execution (see, e.g., reflective points, the fact that comprehensive insurance is subscribed, and the fact that there is no criminal history);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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