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(영문) 수원지방법원 안산지원 2018.10.31 2018고단3005
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

The defendant is a person who is engaged in driving a ice car.

On August 22, 2018, the Defendant driven the said car under the influence of alcohol level of 0.198% during blood transfusion around 12:00, and led the Defendant to drive the said car in the influence of alcohol level of 0.198%, and the three-lane distance at the license test site in Ansan-si and the same 268-1 was straighted by one-lane between the three-lane in the fireworks Park and the two-lane in the license test site.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of drinking and proceeded as it is, due to negligence, and found it late after the victim C(49) driving vehicles in the front of the signal in the front, operated the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation vehicle for accusation, but did not avoid the situation, and led the back part of the above operation vehicle

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of two weeks’ medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate and records of medical treatment for C;

1. (1) (2) and the application of Acts and subordinate statutes of the report on traffic accident;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201>

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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