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(영문) 수원지방법원 성남지원 2017.10.19 2017고단2007
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a leisure car B.

1. On June 9, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol by 0.120% during blood transfusion, and the Defendant proceeded at a point 401km from the end of the quarter during which the Gannam-si Branch of the Gannam-si is located at the speed of 401km from the 4-lane between the 4-lane to the west of the Seoul Charges.

At the time, it was night and at all times an expressway, so there was an occupational caution to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and safely examining the front, rear, and right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and led the injured vehicle to turn back to the visual direction for the direction of visibility, and caused the damaged vehicle to shock on the right part of the road by driving the victim C(46 tax) driveed by the victim C(46 tax) which was proceeding at the right side of the car of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as a lag or a lag, which requires approximately two weeks medical treatment, to the victim.

2. On June 9, 2017, the Defendant violated the Road Traffic Act (drinking) on and around June 23:29, the Defendant driven B string cars while under the influence of alcohol with approximately 13.8km alcohol concentration of about 0.120% at a section of approximately 13.8km from the common road in Young-gu, Young-si, Si, to the point at which the 401km-dong is located in Sungnam-si, Seonam-si, Seonam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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