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(영문) 수원지방법원 평택지원 2018.08.30 2018고단548

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant is a person who is engaged in driving a vehicle B with a specific car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 25, 2018, the Defendant driven the said car while under the influence of alcohol 0.199% while under the influence of normal operation in light of alcohol level around 03:20 on March 25, 2018, and led the Defendant to drive the said car on the inside side of the inner line of the national highway No. 38, located in Gyeonggi-si Joint-si, 155-3, one lane prior to the 38-lane.

Since there are many vehicles, they have a duty of care to drive safely by checking the right and the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, went through without being negligent, brought about the part of the victim C(23) driver's back of the driver's vehicle in the front part of the Defendant's car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence.

2. On March 25, 2018, the Defendant: (a) driven a B food car under the influence of alcohol leveling 0.199% from the 3km section from the 3km section to the place of traffic accident on the roads in front of the Gyeonggi-si So-dong, Gyeonggi-si Do; (b) around 03:20 on March 25, 2018, while under the influence of alcohol leveling 0.19%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions, a traffic accident occurrence report, an accident scene photograph, and a diagnosis report;

1. Notification of the results of the control of drinking driving, request for appraisal of alcohol concentration in the blood, and application of the statutes of the request for appraisal;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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 of the Criminal Act: