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(영문) 수원지방법원 성남지원 2017.05.11 2016고단3990
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2016, the Defendant was driving a B golf car under the influence of alcohol of about 20km from the 23:05 to the 410km away from the Gannam-dong, Gangnam-gu, Seoul to the Gannam-dong, Gannam-gu, Gannam-gu, Gannam-si, Gan-si, Gannam-si, Gannam-si, Pannam-si, to the 410km away from the 20km away from the Busan-do, Busan-si, Gan-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above golf car at the time and time indicated in paragraph 1, and driven the road at a point of 410km in the area of Busan, the 3-lane from Seoul, to Busan, the road at a point of 410km in the area of Busan, as indicated in paragraph 1.

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected to do so and driven as it is while under the influence of alcohol with 0.110% of the blood alcohol level, which is the degree of the string of the walk, and the walking is 0.110%, and was driven by the victim C (hereinafter, 49 years old) driving from the front bank of the Defendant at the same room. The lower part of the Dbenz car driven by the victim C (hereinafter, 5 years old) was the front part of the Defendant vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, tension, etc., by driving the motor vehicle for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident, a notice of the results of regulating drinking driving, and a statement in the circumstances of the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the driving of alcohol)

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