(영문) 수원지방법원 안산지원 2018.11.30 2018고단3197

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2018.11.30 2018고단3197

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

The defendant is a person who is engaged in driving a BP car.

On August 24, 2018, the Defendant was under the influence of alcohol level of 0.195% during blood transfusions around 22:55 on August 24, 2018, and the Defendant was driving the said vehicle on the upper part of the 126-ro 126, the upper part of the 2nd part of the 2nd part of the 1st apartment in the Newanan Annanananan City and proceeded from the upper part of the 2nd part of the 2nd part.

At night at the time, the victim C (26) driven by the victim C (26) was in the front door, so in such a case, the driver of the vehicle had a duty of care to safely drive the vehicle by accurately manipulating the front door 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 of the operation of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a motor vehicle in a state where it is difficult to drive the motor vehicle in a normal condition, such as influence, in an inaccurate, cross-routing, etc. with a red and smelling, and failed to discover the above SM5 motor vehicle, and received the rear part of the above SM5 motor vehicle as the front part of the above SM5 motor vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dynasium, tension, etc., from the victim for about two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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(1) of the Criminal Code (a) of the suspended execution is against the law, and is covered by a comprehensive insurance.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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