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(영문) 수원지방법원 안산지원 2017.05.31 2017고단767
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a motor vehicle B, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On February 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.112% in blood and alcohol content of 20:30, the Defendant was at the speed of about 40 kilometers in speed at the speed of 2:0,000, and was at the speed of about 40 kilometers in speed, the two-lane roads in front of the land park in front of the Silung Fire Station in the direction of Silung Fire Station.

However, under the influence of alcohol, the Defendant neglected to drive a car at the front time, due to negligence that did not accurately operate the steering and brakes, and caused D' which was driven by the victim C(53) who was under the stop to turn to the left at the front of the Defendant, and caused the front part of the Defendant's vehicle to shock the front part of the Defendant's vehicle, and caused the said franchise to go to the left, and caused the said vehicle to go to the left by the victim E(38 years) who was under the direct driving of the vehicle at the front of the f'5 vehicle volume, which was driven by the victim E(38 years) who was under the influence of the vehicle.

Defendant 1 suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks’ treatment due to occupational negligence as above, and at the same time suffered injury to the victim E, such as salt, tension, etc.

2. The Defendant violated the Road Traffic Act (drinking) driven the said vehicle at approximately 2.5 kilometers from the day border and blood alcohol concentration of 0.112%, and from the day before the opening of the trade name in the vicinity of the Dong Dong-dong Office of Heung-si in Sinsi-si to the front of the Sinsi-dong Park, the Defendant driven the said vehicle at around 2.5 kilometers prior to the Sinsi-si Park.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act on the Punishment, etc. of Specific Crimes (the selection of imprisonment or the injury resulting from dangerous driving) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act.

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