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(영문) 수원지방법원 성남지원 2018.06.07 2018고단839
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than five 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 is a person who is engaged in driving a motor vehicle B that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 10, 2018, the Defendant driven the said car under the influence of alcohol content 0.156% during blood transfusion around 21:30, and came to turn to the left at the intersection where the first day of the water village hall located in 167 at the beginning of the Gyeonggi-si, Gwangju-si, the first day of the water village hall at the beginning of the Gyeonggi-si, and the second day of the turn to the fire station of Gwangju-gu.

At the time, there was a situation that the driver did not seem well at night, so in such a case, there was a duty of care to prevent the accident by putting on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the brake system, and went to the left from the right side of the front side of the road, and brought the side of the bridge of the victim C(52) who was walking on the road, into the front right side of the Defendant’s vehicle and the rear border part.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive it normally due to influence of drinking, resulting in the Defendant’s loss of the right-hand pipe, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle at approximately 1 km from the front of the golf course located in the Dong-ri, Eup in the Gyeonggi-gu, Gwangju-si, with alcohol content of 0.156% among the blood transfusions at the time of the day indicated in paragraph (1) to the front of the village hall for water supply at approximately 1 km from the front of the first day of the village hall in front of the same Eup-gu, Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. A medical certificate;

1. Report on a traffic accident, report on the circumstances of the driver in charge of driving, investigation report (report on the circumstances of the driver in charge of driving), and notification of the results of regulating the driving of drinking;

1. Application of the Acts and subordinate statutes governing the scene of an accident.

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