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(영문) 수원지방법원 안산지원 2018.10.30 2018고단3259
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of 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 who is engaged in driving a motor vehicle B B at the Pluri test in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 15, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.236% from blood transfusion around 20:25 on August 15, 2018, and continued to drive the said car under the influence of alcohol level of 0.236% on the road in front of the Rule-gu in the Gyeonggisan City.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and even in the case of driving, they have a duty of care to take care of the front and rear side and left side, and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant suffered injury, such as knee, knee, knee, and tension of the part of knee and knee in need of two weeks of medical treatment, on the left side of the said vehicle, by taking the victim D (19 years old) driving, which was stopped in the front direction of the course due to the occupational negligence, while driving in a state where normal driving is difficult due to the influence of drinking, and was stopped in the front direction of the course due to the occupational negligence.

2. Defendant 1 driving a B B B B B B B B B lue car under the influence of alcohol concentration of approximately 0.236% in the section of approximately 40 meters from the 40-meter upper road in Ansan-si, Sinsan-si, the day indicated in the above paragraph 1 to the front road of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs related to the accident, notification of the results of regulating the driving of drinking, records of the measurement of drinking, and statement of the situation of the driver of drinking;

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 and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act shall apply, respectively;

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