(영문) 수원지방법원 안산지원 2018.02.21 2017고단3544

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자간(%)

(영문) 수원지방법원 안산지원 2018.02.21 2017고단3544

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 engaged in driving a vehicle BSM (SM5) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Etc. (Bodily Injury resulting from Risk Driving).

On October 26, 2017, the Defendant driven the said car under the influence of alcohol level of 0.121% among the blood transfusion around 19:30 on October 26, 2017, and driven the road in front of the private distance from the Hasan elementary school located in the Gu of Ansan-si, a member of Ansan-si, along the direction from the center of the Ansan-si to the Hasan-ho elementary school.

Since there is an intersection with a traffic signal apparatus in the front door, the driver of the motor vehicle has a duty of care to check carefully whether the person engaged in the driving of the motor vehicle has another motor vehicle standing for the signal waiting, and to observe the road traffic laws by failing to drive the motor vehicle under the influence of alcohol, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded as it is while under the influence of alcohol without putting the front door in the influence of alcohol, and was placed behind the right-hand part of the victim C(34) driving, which was stopped for signal waiting in the front of the road at the front of the vehicle of the Defendant.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. of the species before the light that require approximately two weeks medical treatment to the victim C.

2. Defendant 1 driven a vehicle of BSM 2(S5) under the influence of alcohol concentration of 0.121% in blood from an insular section from an insular area to the point of the said accident at the same time from an insular area to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (report on the situation of the driver in charge); and

1. Photographss by capturing a black stuffe image;

1. The application of the law of the medical certificate.

유사 판례

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