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(영문) 수원지방법원 2018.02.06 2017고단7089
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

On October 1, 2017, the Defendant, at around 23:21, 201, driven the above car while under the influence of alcohol concentration of 0.168% in blood with snow shock and face color, and driven the bottle underground vehicular road in the city of harmony with the water source from the oceanside of the river, and proceeded along the first line among the two lanes in the two lanes in the direction.

In addition, the defendant should not drive a vehicle while under the influence of alcohol as above, and because the defendant is driving along the underground roadway at night and other vehicles are in operation on the front side, the defendant had a duty of care to properly observe the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected to leave the vehicle and caused the collision to the wall surface of the underground roadway by shocking the back part of the victim D (26 tax) driving e-car left of the passenger car, which was driven along the two lanes from the front side of the vehicle at the front side of the vehicle at the e-car.

Ultimately, in a state where normal driving is difficult due to influence of drinking, the Defendant suffered injury to the victim, such as “other specified conical signboards,” which requires medical treatment for about eight weeks due to such occupational negligence, and at the same time damaged the Defendant’s total repair cost equivalent to KRW 70,523,490, such as the backboard of the said benz car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents, guidance, reporting on the circumstances of drivers driving, and notification of the results of regulating drinking;

1. Each photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to the driving of danger) concerning the relevant criminal facts.

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