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(영문) 수원지방법원 2017.01.19 2016고단7017
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

The Defendant is a person engaging in driving a rocketing car.

On October 15, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.160% from blood alcohol level on 22:35 on October 15, 2016, and led to the left-hand turn to the right-hand turn at the right-hand intersection of the Suwon-si, which is located in the 538 Egypted at the right-hand section of Suwon-si.

At that time, there was a duty of care to prevent accidents by safely examining whether a person engaged in driving a motor vehicle drives the motor vehicle is driving the intersection and making a left-hand turn by safely examining whether the motor vehicle is a motor vehicle driving the intersection.

Nevertheless, the defendant was negligent in failing to make a left-hand turn while under the influence of alcohol and received the front part of the vehicle driving by the defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as a chest boom, which requires treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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 concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the above two crimes, however, the lower limit shall be that of the punishment determined for the crimes of violation of traffic laws on roads;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act, the basic area of the first type of traffic accident (the injury caused by traffic accidents) (four months to one year).

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