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(영문) 수원지방법원 안산지원 2018.06.12 2018고단1470
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. The Defendant is a person who is engaged in driving a rocketing car in violation of the punishment rate on the aggravated punishment, etc. of specific crimes (the injury resulting from dangerous driving).

On January 15, 2018, the Defendant continued to run a road of 222 treatment apartment 311, the front side of the Gisung middle school, from the Gisung middle school to the Gisung middle school surface.

On the road, there was no delivery on the road, and there was a pedestrian on the front side of the defendant's moving direction, so in such a case, the driver of the motor vehicle has a duty of care to properly operate the steering gear and brake system of the motor vehicle and to prevent the accident by operating the motor vehicle properly in order to avoid collision with pedestrians.

Nevertheless, the Defendant neglected this, and neglected to walk, took care of the victim C, who was walking along the right edge of the road on the front direction of the Defendant’s vehicle in a state of difficulty in normal driving due to a large range of fluorous red, due to the negligence of driving while under the influence of a large number of fluorous red, and suffered injury, such as the closure of the frame of the river in need of approximately four weeks of medical treatment, by taking the victim C into front of the Defendant’s vehicle operation.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while the Defendant was asked of questions about the circumstances of an accident by a policeman E belonging to the D District Zone of the Si-Ying Police Station, who opened the Dong-gu Police Station after receiving a report on the occurrence of a traffic accident at the date and time, and at the place specified in paragraph (1), he/she driven while under the influence of alcohol, such as drinking, snow snow, pedestrians’ age is big, face and snow was bread, and he/she was under the influence of alcohol.

There are reasonable grounds to determine a person, and from January 15, 2018 to 18:32 of the same day, he/she was requested to respond to the measurement of drinking alcohol by inserting approximately four minutes in a drinking measuring instrument four times from around 18:17 to around 15:32 of the same day, but he/she did not comply therewith.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

have reasonable grounds to determine the person.

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