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(영문) 수원지방법원 2017.05.19 2017고단85
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a motor vehicle B with detached motor vehicles.

On October 7, 2016, the Defendant driven the above passenger vehicle while under the influence of alcohol 0.143% during blood transfusions on October 23:25, 2016, and proceeded at a speed of about 40km per hour at a speed of about 40 kilometers per hour, along one lane from the direction of the direction of the city along the direction of the flow-distance, which is located in the waterway that is the area of the river located in the area of the Suwon-si.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, under the above circumstances, the Defendant was driven by the victim C(50 years old) who was driven by the Defendant under the direct route from the direction to the inside of the territorial station at the time when he neglected to turn to the left due to the negligence of the Defendant’s negligence, and received the front portion of the FST5 car driven by the Defendant, which was driven by the victim E(60 years old).

As a result, the Defendant driven the said a hurd vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as the dump dump, tension, etc. which requires a medical treatment for about three weeks, injury to the victim G (47 years) who is the passenger of the said taxi, such as light cump, tension, etc. which requires approximately two-day medical treatment, and injury to the victim E, such as light dump dump, tension, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. A traffic accident report report, a survey report on the detection of the main driver, a statement of the circumstances of the main driver, and photographs;

1. Application of each written diagnosis (C, E, G) statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 2 of the Road Traffic Act.

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