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(영문) 수원지방법원 성남지원 2017.08.17 2017고단1497
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 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 BM3 car.

1. On June 2, 2017, the Defendant, while under the influence of alcohol by 0.205% during blood transfusion on June 2, 2017, driven the said car, and driven the said car at a 0.205% alcohol level, thereby running the road of four-lanes in the 1002-ro of the 102-ro, Sungnam-si, Sungnam-si, the direction toward Seoul at an irregular speed along the two-lanes.

At the time, it was at night and at least four lanes, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded in the front section of the car of the Defendant, following the DST5 car driven by the victim C (the age of 49) who was driving in the front section (the age of 49).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the victim E (the age of 61) who is the passenger of the victim C and the victim E (the age of 61) for about two weeks, respectively.

2. On June 2, 2017, the Defendant driven the said SM3 car under the influence of alcohol content of about 0.205% in a section of about 4km from the Sampyeong-dong in Sungnam-si to the same time from the Sampyeong-dong in Seongbuk-gu to the same time-ro 1002.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Reports on traffic accidents, reports on the circumstances of drivers who take driving, and reports on the results of regulating drinking;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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