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(영문) 수원지방법원 안산지원 2016.10.19 2016고단2640
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a car B;

On April 28, 2016, the Defendant driven a car with a blood alcohol concentration of 0.143% around 00:32, while under the influence of alcohol, and driven a car at the speed of 0.143%, and runs the two-lanes of the two-lanes of the two-lane roads at the speed of 30-40km from the high side to the Ansan-si in Ansan-si.

However, under the influence of alcohol, the Defendant: (a) caused the victim’s fright-hand side portion of the victim’s fright-hand side of the fright-hand side of the fright-hand side of the fright-hand side, which was left to the left in accordance with the new subparagraph, by negligence in contravention of the fright-hand side signal in a situation where normal driving is difficult due to the influence of alcohol; and (b) caused the victim’s fK-5 car driven by the victim E (Nam, 36 years old) who was directly driven by the fK-5 car.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as the escape from a 4-5 conical signboard, which requires approximately two weeks of medical treatment, and suffered injury to the victim E, such as climatic salt, tension, etc. which requires approximately three weeks of medical treatment.

2. Around 00:32 on April 28, 2016, the Defendant driven the said vehicle at a section of about 9km from the street in the vicinity of the Yandong Maintenance Complex at Ansan-si to the same distance from the street in the city of Ansan-si to the same Gu, while under the influence of alcohol leveling 0.143% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The actual condition survey report, traffic accident occurrence report, and on-site photographs;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Application of statutes to copies of each written diagnosis;

1. Relevant provisions of Article 5-11 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 imprisonment with prison labor concerning the crime, respectively;

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