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(영문) 수원지방법원 성남지원 2017.08.31 2017고단1400
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 B car.

1. On December 31, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle while under the influence of alcohol content of 0.112% in blood at around 15:40 on December 31, 2016, and led to the intersection in front of the Incheon-dong community service center located in 538-2, e.g., the Gyeonggi-do Office at the direction of Gwangju City to the west-si from the direction of Gwangju City.

Since the vehicle signal apparatus is installed, in such a case, the driver of the vehicle had a duty of care to properly stop the vehicle according to the signal apparatus condition and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was in the front part of the said car, was driven by the victim C(59) who was making a stop in line with the stop signals due to the negligence of driving the vehicle.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim, such as salt, tensions, etc. in need of two weeks of treatment, and the victim E (V, 59 years of age) and the victim F (V, 91 years of age), each of whom requires two weeks of treatment.

2. On the date and time indicated in the preceding paragraph, the Defendant: (a) driven a car with alcohol content of approximately 0.112% from the 24k section of alcohol at the distance of approximately 24km to the intersection in front of the Dong-dong community service center located in the Gyeonggi-do, Gyeonggi-do; (b) the Defendant, at the same time and at the same time, was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A report on the detection of a primary driver, a report on the circumstances of a primary driver;

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