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(영문) 수원지방법원 안산지원 2017.08.17 2017고단1793
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 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 a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 26, 2017, the Defendant driven the said car under the influence of alcohol level of 0.153% from blood alcohol level on May 26, 2017, while driving the car at a 0.153% from the influence of alcohol level, and had the Defendant drive the vehicle at a emulh speed from the emulhion to the gas station at a emulh speed.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well and accurately.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle in front of the Defendant’s vehicle, following the EFD car driven by the victim D (W, 36 years of age) who was standing in the same room.

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, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with a alcohol level of about 400 meters from the front day of Silung-si, Silung-si, Seoul, to the front day of Silung-si, which was under the influence of alcohol level of about 0.153% from the blood level of about 400 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis on D;

1. A survey report on the actual condition, a statement on the situation of a driver suffering, and a record on the results of respiratory measurement;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol), and each decision of imprisonment with prison labor (the following extenuating circumstances during the grounds of sentencing);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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