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(영문) 수원지방법원 여주지원 2018.09.05 2018고단586

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B.

1. On April 23, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.202% from the section of about 5km from around 11:45 to around 11:45 to around 4:0 on the inn city, while driving the said vehicle under the influence of alcohol level of 0.202%.

2. On April 23, 2018, the Defendant driven the said vehicle while under the influence of alcohol level of 0.202% in blood at around 11:45 on April 23, 2018, and driven the said vehicle to the intersection in its original form on the road at the right side of each side of each side of each side of each week.

Since there are parts having entered the intersection in its original form, the driver has a duty of care to accurately operate the steering system and the steering system in order to check whether there is a vehicle passing through the intersection and to prevent the collision.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and proceeding without reducing speed, and received the front front part of the victim E-driving vehicle in front of the driver’s seat of the Defendant.

Ultimately, the Defendant driven the above cargo in a state where normal driving is difficult due to the influence of alcohol, and caused the victim to suffer injury, such as the climatic salt, tension, etc. in need of approximately two weeks of medical treatment by negligence on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The circumstantial report of a dangerous driver (the net six times);

1. A list of on-site investigations of death or injury caused by danger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.