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(영문) 수원지방법원 안산지원 2018.10.11 2018고단2532
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

On July 6, 2018, the Defendant, who is engaged in driving a car in B SP area, driven the said car with alcohol concentration of 0.186% under the influence of alcohol around 00:13 on July 6, 2018, and driven the said car to the direction of the police box at the front of the two-lane road in Ansan-si, Ansan-si.

Since there is a cross-section where signal lights are installed, there was a duty of care to proceed to a person engaged in driving of a motor vehicle according to good faith.

Nevertheless, under the influence of alcohol, the Defendant suffered injury to the victim, such as salked dump, tensions, tensions, etc. in which the Defendant received the right side of the victim D(W 60 years old) to the right side of the victim D(W 5 years old), which was left at the right side of the victim D(W 60 years old) in the front side of the Defendant’s car, in a manner that it is difficult to drive the victim at a normal time due to the influence of alcohol, due to the negligence in violation of the preceding stop signals.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime (the point of driving alcohol and the choice of imprisonment);

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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