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(영문) 수원지방법원 2017.10.25 2017고단5570
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On July 25, 2017, the Defendant driven the said car under the influence of alcohol content of 0.192% in blood around 19:56 on July 25, 2017, and led to a two-lane road at a point 295.2 km away from the upstream line of the Western Highway, which is located in the local Eup/Myeon at the time of globalization, along the Seoul direction.

Since the place is an expressway and a D-cock cruise car driven by the victim C(46) on the one-lane, the defendant engaged in driving service had a duty of care to accurately operate the steering and operating the steering system by making the boom and the right and the right and the right.

Nevertheless, the Defendant neglected to do so and was negligent in leaving the tea line under the influence of alcohol and thereby receiving the part of the victim's driver's license in front of the right side of the passenger car in the beer cruise cruise car as the left side of the Defendant's driver's license.

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, resulting in injury to the victim, such as salt, tension, etc. of the trend that requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a statement on the situation of a driver in charge, traffic accidents, detection photographs and diagnostic reports;

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. The reason for sentencing under Article 62(1) of the Criminal Act (defensive to the reason for sentencing) is unfavorable to the Defendant - The Defendant committed the following principal offense even though he was punished by a fine by committing the same kind of crime in 2016. - The Defendant’s blood alcohol concentration in the blood transfusion is subject to punishment.

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