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(영문) 수원지방법원 평택지원 2018.11.21 2018고단1242

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 3, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s House, and a summary order of KRW 3 million for the same crime at the same court on July 13, 2015, respectively.

[Criminal facts]

1. The Defendant is a person engaged in driving a vehicle at the horse at C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 27, 2018, the Defendant driven the said car under the influence of alcohol content of 0.197% during blood transfusions on April 27, 2018, and led to the driving of the said car on the surface of children’s park that obstructs the Pyeongtaek-si roads at an elementary school.

Since there is a road where pedestrians' passage is frequent, a person engaged in driving service has a duty of care to check whether there is a pedestrian who walked on the road by reducing speed and by properly examining the right and the right of the road, maintain the safety distance, and drive the road.

Nevertheless, under the influence of alcohol, the defendant neglected to do so, and the part on the left side of the victim E (55) who was coming up on the right side of the defendant's running direction conflicts with the part on the right side of the defendant's car, and due to its shock, the victim's body was pushed up and faced with another vehicle parked on the right side.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt pans, tension, etc., by driving the said car, which requires approximately two weeks medical treatment.

2. On April 27, 2018, the Defendant driven a cryp car under the influence of alcohol content of about 0.197% in a section of about 700 meters from the 283rd to the 42nd road of Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, 283rd to the 47rd road.

Accordingly, the defendant is a person who has violated the prohibition on drinking at least twice.