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(영문) 수원지방법원 2018.11.08 2018고단5069
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 who is engaged in driving a Switzerland car.

On August 10, 2018, the Defendant driven the said car under the influence of alcohol content of 0.142% at the location of 0.142% in blood, while driving the car under the influence of alcohol at the location of 0.142% at the south of the Shinsan-si, Busan-si, Busan-si, the wife population of which is the 377km away.

In such cases, a driver of a motor vehicle has a duty of care to see the front side and accurately manipulate the steering and steering devices to prevent accidents in advance.

Nevertheless, under the foregoing, Defendant C (51) was driven by the victim C (51) who was driven in the same direction at the front section of the said car in the same direction as the part of the business and room, which was driven in the same direction as the previous part of the said car, due to the negligence of the Defendant’s negligence.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury of salt and tension in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and an accident scene photograph;

1. Bluice stuffs, images and photographs;

1. Report on the circumstances of a driver who is placed in driving, investigation report (report on the circumstances of the driver who is placed in driving in driving in driving), records of measurement of drinking alcohol, and notification of the results of

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommending punishment] The general traffic accident category 1 (the injury caused by traffic accidents) is aggravated (8 months to 2 years).

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