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(영문) 수원지방법원 안산지원 2017.09.15 2017고단2167
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. On July 13, 2017, the Defendant violated the Road Traffic Act (drinking driving) driving Esch Rexroth vehicles under the influence of alcohol level of about 0.174% at a section of about 800 meters from the blood alcohol level of about 0.174% at the front of the D hospital located in Ansan-si Group C at Ansan-si, Ansan-si.

2. The defendant is a person who drives Esch Rexroth vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 13, 2017, the Defendant driven the above vehicle at around 05:50 on July 13, 2017, and proceeded to turn to the left the front distance of the D Hospital C located in Ansan-si, a member of Ansan-si, at the seat of D Hospital to the beginning of virtue.

The Defendant violated a stop signal while under the influence of 0.174% alcohol level in blood and received the left turn from the left side of the Defendant’s front side of the vehicle at the victim F (65 Do) driving G Ginasi, which is proceeding to the right straight line from the front side of the Defendant’s vehicle, as the left side of the Defendant’s vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim, such as chillites, tensions, etc. in need of medical treatment for about two weeks, and injury to the damaged vehicle H (the age of 23) in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on actual condition of the police;

1. Statement of the circumstances of the driver involved in driving;

1. Papers and records of the measurement of drinking;

1. Application of each written diagnosis (F, H) statute;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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