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(영문) 수원지방법원 평택지원 2017.06.14 2017고단219
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 28, 2016, the Defendant driven the said car while under the influence of alcohol level of 0.236% from blood alcohol level around 22:15, and driven the said car to the intersection of the front distance in front of Pyeongtaek-si C from the luminous limit to the breadth of the two lanes between the three-lanes.

At the time, the driver is at night and the driver of a motor vehicle has a duty of care to properly see 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 duty of care to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was in the F Speca of the driving of the victim E(31) waiting in the front direction.

As a result, the Defendant suffered injury to the victim by negligence of driving the said car in a situation where normal driving is difficult due to influence of drinking, such as blood transfusion under the bottom of the credit rash which requires approximately four weeks medical treatment.

2. On December 28, 2016, the Defendant was under the influence of alcohol by 0.236% during blood transfusions around December 22, 2016, the Defendant driven the said car at a section of about five kilometers from the roads adjacent to the business trip of Pyeongtaek-dong and Seo-dong to the intersection of the front distance of D in Pyeongtaek-si C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

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

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) 1 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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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