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(영문) 수원지방법원 안산지원 2018.03.21 2018고단538
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 B knife vehicle.

1. On January 26, 2018, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive directly the front road of the members of Ansan-si in the direction of the six-lane, namely, the four-lanes of the two-lane radius in the direction of the lake Park.

At the time, there was another vehicle that stops on the front side of the Defendant’s driving line. In such a case, the person engaged in driving service has a duty of care to thoroughly stop in the front line, to thoroughly operate the steering direction and brake system, to stop after the preceding vehicle stops properly, and to stop after the preceding vehicle starts from the place, and to prevent the accident by starting the vehicle of the Defendant.

Nevertheless, the Defendant committed alcohol content 0.178% in blood, and divided them into 0.178%, and boomed off to the extent that normal dialogue is difficult, her walked, her walked, her face colored, etc. so that it is difficult to drive in a normal condition under the influence of alcohol, and due to the negligence of not operating the brake at all times due to the failure of operation of the brake, she was driven by the victim D, who stopped on a two-lane, and suffered injury in need of medical treatment for about two weeks in front of the passenger’s race.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant at approximately 200 meters from the rear side road of G hospital located in the members G Hospital located in Ansan-si in the city of Ansan-si to the front road of the same Gu, and at approximately 0.178% of alcohol concentration during blood, while driving B carping cars.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Notification of records of measurement of drinking alcohol and results of crackdown on drinking driving;

1. A medical certificate;

1. Investigation report (report on the situation of the driver in charge); and

1. His previous convictions.

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