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(영문) 수원지방법원 여주지원 2017.08.08 2017고단441
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On April 2, 2017, the Defendant driven the said car under the influence of alcohol content of 0.109% in blood around 22:00, and driven the road front of the “E Gas station” located in Echeon-si D, beyond the tri-distance distance from the present shooting distance.

At night and at the same time, there are signal apparatus in front of the direction of the passage, so a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front section and the left and right, and accurately manipulating the steering direction and the brake system.

그럼에도 불구하고 피고 인은 위와 같이 술에 취하여 이를 게을리 한 채 졸면서 운전한 과실로 피고인의 진행 방향 앞쪽에서 진행 신호를 기다리면서 정차 중인 피해자 F(28 세) 운전의 G 포르테 쿱 승용차의 뒤 범퍼 부분을 피고 인의 승용차 운전석 쪽 앞 범퍼 부분으로 들이받았다.

As a result, the Defendant driven the said a hurd vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a sturgical part, a lower-water part, etc., the right-hand part, and a right-hand salt part, etc., which requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. The circumstantial report on the driver at the main place and the circumstantial report on the driver at the main place;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person causing injury resulting from dangerous driving).

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