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(영문) 수원지방법원 2018.10.02 2018고단3904
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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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

Criminal facts

On May 19, 2018, the Defendant driven the CM6 vehicle under the influence of alcohol level 0.273% in the blood while driving the CM6 vehicle under the influence of alcohol level 0.273% in Pyeongtaek-si B on May 19, 2018. In such a case, the Defendant had a duty of care to properly manipulate the steering gear and prevent accidents in advance to prevent accidents.

Nevertheless, when the defendant was negligent in failing to properly operate the steering direction and operation system under the influence of alcohol, he shocked the curbstones installed on the right side of the marina course with the front side of the above SM6 car of the defendant driving and moved the above car to the road.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D(21) of the said passenger due to the said passenger, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report of a traffic accident (1) (2) (the survey report on actual condition), report on the situation of a driver who is placed in driving, and notification of the results of regulating drinking driving;

1. An accident scene photograph;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle), and choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for each crime, and the minimum sentence shall be determined by the crimes of violation of road traffic Act) of the aggravated punishment for concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Application of the sentencing criteria:

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