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(영문) 수원지방법원 안산지원 2017.08.23 2017고단1691
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

1. The Defendant is a person engaging in driving a vehicle BMW 520D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 8, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.186% during blood transfusion 0:25 on January 8, 2017, and continued to drive the said car at the speed of 0.186%, one lane in front C in front of C in front of C in front of C interest.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely not exceeding the center line.

Nevertheless, the Defendant, under the influence of alcohol, neglected to drive a motor vehicle in a state of difficulty, such as a non-scam, while driving the motor vehicle in a state of a short distance, and obstructed the center line and proceeds as it is, thereby passing one lane in a single-lane, the full part of the motor vehicle of the victim D(40 Do, Sn) E-rayed by the Defendant was turned into the front part of the motor vehicle of the Defendant.

As a result, the Defendant suffered injury, such as the closure of the alley, which requires approximately eight weeks of medical treatment from the victim D due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said B-car under the influence of alcohol level of 0.186% in the five-lane section of the blood alcohol level from 27:54 degrees to 3:5 degrees in Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si.

3. On June 4, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B-car without the driver’s license within a section of approximately one kilometer from the lux apartment parking lot located at the rate of 36 to the 266th to the railway station in the city of Silung-si, which was located at around 07:00 on June 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver in charge; and

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