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(영문) 수원지방법원 성남지원 2018.06.14 2018고단833
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

1. On March 12, 2018, the Defendant, in violation of the Road Traffic Act (drinking) driven an E-be cruise car under the influence of alcohol by 0.236% of alcohol concentration in blood, from the front of the C cafeteria located in the Man-gu, Manam-si, Manam-si, Mannam-si, the Defendant driven the E-be cruise car in the influence of alcohol content from the front of the C cafeteria to the front of the same Gu D Do.

2. Defendant 1 driven the said car at the time of the foregoing day while it is difficult to drive the car normally due to the influence of alcohol at the time of the foregoing day and led to the driving of the said car along the five-lane road in the direction of the distance in which the 6-lane road in front of the amendment district in Sung-nam city in the Gyeonggi-gu.

In this case, there was a duty of care to prevent a person engaged in driving of a motor vehicle from driving a motor vehicle under the influence of alcohol or drugs.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop on the six-lanes of the above road, went back to the left-hand side of the victim F (32 Do)'s Gystren's car driving, followed by the pentar part into the right-hand side of the said Vietnam-do cruise car.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, an investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

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) 1 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;

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