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(영문) 수원지방법원 성남지원 2018.04.19 2018고단314
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

1. The Defendant is a person who is engaged in driving a vehicle B Avodi S8 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 4, 2018, the Defendant, while under the influence of alcohol content of 0.126% during blood transfusion around 02:57, came to turn to the left at the right speed from the 5th to the 00-day village in front of the Mannam-dong Hyundai department store in Sungnam-gu, Sungnam-gu, Seoul Metropolitan City to the 0.126%.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, and there was a duty of care to avoid accidents by driving the motor vehicle on the right side and the right side and accurately manipulating the operation and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent by failing to make a left-hand turn in violation of the right-hand turn signal at the above intersection, and the part of the front-hand part of the victim C(29 years old) driving, which was directly conducted under the right-hand signals, was shocked by the Defendant’s vehicle on the right-hand side of the Defendant.

Ultimately, the Defendant, by negligence in the course of driving in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim, such as chilled salt, tensions, etc., and the injury of the victim E (the victim 25 years old), who is the passenger of the victimized vehicle, for about two weeks of medical treatment by negligence in the course of driving in violation of the signal.

2. Around February 4, 2018, the Defendant was under the influence of alcohol content of 0.126% during blood transfusion on February 4, 2018, the Defendant driving a B-A-D Shova S8 car from the 3rd parking lot of the white village located in the Pungdong-gu, Sungnam-gu, Sungnam-gu, Sung-do to the intersection of the same Gu department store to approximately approximately 600 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a report on the detection of a primary driver and a report on the circumstances of the primary driver; and

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