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(영문) 수원지방법원 안산지원 2017.06.15 2017고단1195
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. On January 14, 2017, the Defendant was under the influence of alcohol level of 0.211% during blood transfusion around 12:40 on January 14, 2017, the Defendant driven a D observer car within the nine kilometers radius in front of the factory in the city of Ansan-si from the fluoral land in the city of Ansan-si to the fluoral road in the front of the factory in the city of Ansan-si.

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

On January 14, 2017, the Defendant got to turn to the left at a speed of about 30 to 40km, depending on the left turn from the four-lanes in front of the C-factory located in Heunging City, while under the influence of alcohol of 0.211% among the blood transfusion around 12:40.

However, the Defendant neglected to make a left-hand turn to the right-hand line due to the influence of alcohol so that it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, thereby making the victim E ( South, 51 years old) driving directly in accordance with the new code at the right-hand part of the observer car in violation of the signal, and received the front-hand part of FK7 car driving.

Defendant 1 caused approximately three weeks of medical treatment to the victim due to such occupational negligence, such as fluoral fluoral salt, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A written diagnosis of E;

1. A traffic accident report (1) (2), a state driver's circumstantial statement report, and a response to a request for appraisal;

1. Application of Acts and subordinate statutes to a field photograph and a black stuff image fling;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of long-term punishment: Provided, That the minimum of punishment shall be determined for the crimes of violating Road Traffic Act) shall apply to concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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