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(영문) 수원지방법원 2017.01.12 2016고단6340
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 B-L car.

On September 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.125% among blood transfusions on September 14, 2016, and driven the two-lanes of the 4-lane lane on the Young-dong Highway, which is located in the height of the wife population at the time of tolerance, from the Incheon west level.

At this point, there is a lot of flow of vehicle, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering left and right of the driver of the vehicle, and accurately manipulating the steering and brakes.

Nevertheless, due to the negligence that the Defendant was unable to discover the D-cracked car driven by the victim C(53) (S) who was under the influence of alcohol while driving, the Defendant received the back portion on the left side of the said cruise vehicle as the front side of the Defendant’s vehicle. Accordingly, the Defendant moved the vehicle to a single lane, and accordingly, she shocked the front side of the Defendant’s vehicle, which was driven by the victim E (34 years old) who was under the influence of the vehicle at the top of the left side of the Defendant’s vehicle.

As a result, the Defendant, while driving a vehicle in a situation where normal driving is difficult due to influence of alcohol, suffered injury to the victim C by driving the vehicle, and resulting in the injury of climatic salt, etc., which requires approximately two weeks of medical treatment, to the G (V, 50 years of age) who is the passenger of the said cruise vehicle, for about two weeks of medical treatment, to the victim E, and to H (V, 35 years of age) who is the passenger of the said high-speed vehicle, respectively, for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C and E written statements;

1. A report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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