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(영문) 수원지방법원 안산지원 2017.11.08 2017고단2606
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a set-off car.

On August 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161% among the blood transfusion around 01:10 on August 10, 2017, and driven the road of 0.161% in Ansan-si, members of the Gu and the fourth intersection of the Hasan-si in Ansan-si, along the one lane from the direction of the sports park to the parallel of high school.

At night, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the steering and steering system in a thorough manner, and to operate the steering and operating system accurately.

Nevertheless, the Defendant neglected to drive the signal at the front of the Defendant’s vehicle due to influence of alcohol, and neglected to drive the signal at the front of the vehicle, thereby resulting in the Defendant’s failure to drive the signal at the front of the vehicle. The Defendant got off the driving log of the victim C (35 years old) while stopping the signal at the front of the vehicle of the Defendant.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing such occupational duties, such as a climatic and fluoral dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on actual condition of the police;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating 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, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the scope of recommendation] are as follows: The aggravated area (8 months to 2 years) (the special aggravated person) (the driving of drinking, etc.) of class 1 (the scope of recommendation] of traffic accidents.

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