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(영문) 수원지방법원 성남지원 2018.01.11 2017고단2920
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from dangerous driving) is a person engaged in driving a car quantity by obtaining a franchise from C owned D.

On August 25, 2017, when the Defendant wishes to make a left-hand turn to the left-hand level at the intersection of the 97 Tri-dong Tri-dong Tri-gu Tri-gu in the state of 00:10% per day (0.11%) of alcohol concentration daily (0.11%) from the blood alcohol level on August 25, 2017, the Defendant had a duty of care to make the left-hand turn in accordance with the new subparagraph, because it is an intersection where signals, etc. are operated at the time.

Nevertheless, the Defendant violated signal signals in a situation where it is dangerous for the Defendant to drive the left or left-hand turn due to occupational negligence, and conflict with the damaged vehicle E's front wheels part of the damaged vehicle, which is located on the right side of the vehicle from the room, to the left side of the vehicle, and caused injury to the victimized vehicle driver F(53 tax) of the damaged vehicle due to the light fluoral base, passenger G(52 tax) with the light fluoral base, etc.

2. Defendant 1 driven the said vehicle under the influence of alcohol level (0.11%) at approximately 200 meters from the street in front of the 7080 Jeju-dong Tri-dong Triju to the south of the Tri-dong Tri-dong Tri-dong Tri-dong Tri-si Tri-si Intersection 97, on a daily basis (0.11%) with alcohol level at approximately 200 meters from the alcohol level at the south of the Tri-dong Tri-dong Tri-dong Tri-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of F and G;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on whether to drive any danger;

1. Each written diagnosis;

1. On-site photographs (the defendant and his defense counsel had a difficult condition to drive normally at the time of committing the instant crime)

It is difficult to see

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence acknowledged earlier, the Defendant caused the instant accident under the circumstances where it is difficult to drive normally due to the decline in the ability to pay attention or judgment due to drinking.

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