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(영문) 수원지방법원 성남지원 2017.08.24 2016고단3771
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

1. The Defendant is a person who is engaged in driving of C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant, at around 11:40 on October 27, 2016, driven the above cargo vehicle at Gwangju City, and proceeded along the three-lane distance in front of the E kindergarten from the modern oil station to the live of two-lanes. When the Defendant was negligent in neglecting the front city in a situation where it is difficult to drive normally, such as a 0.125% alcohol concentration in blood, and the walking distance is inaccurate, and due to negligence, he was driven by the victim F (60 years of age) who stops for the signal waiting at the said intersection, and caused the victim and the victim H (60 years of age) who was on board the said vehicle to suffer injury by taking the back part of the Gsch Rex car driven car driven by the Defendant as the front part of the cargo vehicle at the seat of the Defendant, and caused the victim and the victim H (60 years of age) who was on board the said vehicle to suffer about two weeks in the direction of light and tension.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the Poter truck with alcohol content of 0.125% under the influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and the circumstantial report on the driver of drinking;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 Act on the suspended execution;

1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

A defendant has been punished for the same offense.

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