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(영문) 수원지방법원 안양지원 2017.10.13 2017고단1246
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. On May 26, 2017, the Defendant was driving a vehicle with alcohol concentration of approximately 2km from the 2km section of the Seoul detention center, while under the influence of this Decree, at around 05:30 on May 26, 2017, to the third distance of the Seoul detention center located in approximately 150-1 on the same day from the long-term from the long-term from the long-term from the long-term from the long-term from the long-term from the person in the human body in Ansan-si to the long-term from 06:16 on the same day.

2. On May 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a 3rd distance of the Seoul detention center located in the 150-1, Jinyang-si, Jinyang-si around 06:16, while under the influence of alcohol at 0.141% in blood, while driving a 0.141% alcohol in blood, and driving a 40km car at the speed of 40km from the inside of the inside of the inside of the inside of the inside of the inside of the inside of the road

At the time, automobiles are driving on the road, so in such a case, there was a duty of care to properly operate the brakes by properly operating the brakes while keeping the front door well for those engaged in driving of the automobile.

Nevertheless, the Defendant neglected this and failed to accurately operate the operation of the operation system while under the influence of alcohol, and caused the Defendant’s fault before Defendant C (53) on the front part of the Defendant’s passenger car in front of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as fluoral salt in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report (1), (2), and a statement in the circumstances of the driver's license;

1. Written response to a request for appraisal;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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