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(영문) 수원지방법원 여주지원 2017.10.25 2017고단1141
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

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

On August 9, 2017, the Defendant, while driving the said cargo under the influence of alcohol 0.224% while driving the said cargo in a state where normal driving is difficult due to the influence of alcohol at around 0:10, the Defendant neglected to perform his duty of safe driving by looking at the left and right of the vehicle due to the influence of alcohol. The Defendant, by negligence, neglected to perform his duty of safe driving by looking at the influence of alcohol, by driving the said cargo at the front part of the Defendant truck, while driving the said cargo at the front part of the Defendant’s cargo, and driving the said cargo at the front part of the Defendant’s cargo, and driving the said cargo at the front part of the victim G (56 years old) while driving the said vehicle at the front of the Defendant’s truck.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tension, etc. of the bones of trees, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and injury to the victim G, such as climatic salt, etc. requiring approximately two weeks of medical treatment.

2. On August 9, 2017, the Defendant: (a) driven a B Poter II cargo vehicle while under the influence of alcohol content of 0.224% in blood on the road at the one-lane in the front of the D in Ischeon-si C around August 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G traffic accident-related statements;

1. Reporting of a traffic accident (1) (2);

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Each written diagnosis;

1. Application of statutes on site, vehicle photographs, and field photographs;

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) 1 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 Code, and Article 38.

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