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(영문) 수원지방법원 여주지원 2017.11.22 2017고단1260
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant is a person engaging in driving a car with B Belgium.

On September 17, 2017, the Defendant driven the said car under the influence of alcohol level of 0.274% among blood alcohol level around 03:45 on September 17, 2017, and led the said car to enter the said intersection where the three-lane roads in front of the two-lane two-lanes in both written forms of Gyeonggi Pyeong-gun, the two-lanes of which are located in Seoul, at the two-lanes of both sides in Seoul.

In this case, there was a duty of care to prevent accidents by reducing speed and carefully manipulating steering devices and brakes for drivers of motor vehicles.

Nevertheless, the defendant neglected this and negligently operated the steering gear in a situation where normal driving is difficult due to the influence of alcohol, and the victim C(37 tax) was waiting for the signal from the right side of the running direction of the defendant, and received the front portion of the DMW car driving by the defendant as the front side of the driver's car.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim C, such as brain salva, which requires treatment for about two weeks, and injury to the victim E (V, 47 years old) who was on board the said BMW car together with the said BMW car, such as dump dump, tension, etc. requiring treatment for about two weeks.

2. Around 03:45 on September 17, 2017, the Defendant driven a B Belgium car under the influence of alcohol concentration of 0.274% in front of the two-lanes of the two-lanes in both documents of Gyeonggi Pyeong-gun, the Defendant: (a) driven the B Belgium under the influence of alcohol concentration of 0.274% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act.

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