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(영문) 수원지방법원 2018.11.22 2018고단5857
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a vehicle QM3.

On August 25, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.183% in the blood, while driving the said car under the influence of alcohol level around 23:25 Osan-si, Osan-si, and driven the said car under the influence of alcohol level of 0.183% in the mouth of Osan-si.

At the same time, the E car driven by the victim D(47) stops in the atmosphere of the signal, so in such a case, the driver of the vehicle has a duty of care to see the front door and accurately manipulate the steering and steering devices to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive a car under the influence of alcohol while under the influence of alcohol, and was negligent in the course of business and carried out as it is. The Defendant also received the back part of the car.

As a result, the Defendant suffered, by such occupational negligence, the injury of the victim D, such as salt of the wall that requires approximately two weeks of treatment to the victim D, the injury of the victim F (the victim 36 years of age) who is the passenger of the damaged vehicle, the injury of salt of the part that is obscure on the hand that requires approximately two weeks of treatment, and the injury of the victim G (the victim she was 17 years of age) who is the passenger of the damaged vehicle in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Photographss and video CDs by cutting booms of vehicles;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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