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(영문) 수원지방법원 안양지원 2017.03.07 2016고단1484
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 24, 2016, the Defendant driven D 130 automobiles under the influence of alcohol concentration of about 0.314% in the blood while under the influence of alcohol concentration of about 58km in front of the point of 20:40 on the same day from the C dormitory located in Ischeon-si around 17:00 on June 24, 2016 to the 20:40 on the same day.

2. Around 20:40 on June 24, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said i30 vehicle so that the Defendant would drive the said i.30 vehicle and proceed to the direction of the Ansan court in the direction of the Gyang-gu Agricultural and Fishery Product Center in front of the Manyang-dong Empon-dong Emb

Since the location is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of motor vehicles to live well on the right and the right of the front and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected to pay alcohol while driving, and due to the negligence of proceeding with a red signal while, the Defendant received the left-hand turn from the opposite direction of the Defendant in front of the 130 driver’s wing vehicle driven by the victim E, who was driven by the left-hand turn from the left-hand turn from the opposite direction of the Defendant.

As a result, the Defendant driven the above 130 vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered from the sculpum salt in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement of the suspect interrogation of the accused in the prosecution (the defense counsel's proof of the final drinking time is unclear as to whether the alcohol content in the blood is increased or below, and thus, the alcohol content in the blood of the accused 21:34 on the day of the instant case is measured by 0.314%.

Even if the defendant's blood alcohol concentration at the time of driving, it is unclear whether it is 0.314% or not.

However, the defendant drinks alcoholic beverages in the C dormitory located in Echeon-si by up to 17:00 on the day of the instant case, and thereafter drives it thereafter.

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