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(영문) 수원지방법원 평택지원 2019.07.05 2018고단2081

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 16, 2018, at around 01:50, the Defendant driven a CL car under the influence of alcohol of about 4km from approximately 0.122% of alcohol alcohol concentration on the front of a restaurant near the Pyeongtaek-gu District Court of Suwon-ro, 1036, in the vicinity of Pyeongtaek-si site, to the front of the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) the defendant's mistake is recognized; (b) the primary offender is the defendant's age, character and conduct; and (c) the defendant's age, character and conduct; and (d) the circumstances of sentencing under Article 51 of the Criminal Act as stated in

The acquittal portion

1. On November 16, 2018, the Defendant, at around 01:40 on the charge, driven a C Lyp car with a blood alcohol concentration of 0.122%, while under the influence of alcohol, driven the C Lyp car from the direction of the court distance to the dyp station.

At that time, the Defendant was followed by a Fump truck drivened by the victim E (the age of 58) prior to the same direction. In such a case, despite the duty of care to ensure and proceed with a safe distance by living well in the situation and reducing the speed, the Defendant was under the influence of alcohol and received the back part of the above truck stopped from the front bank to the signal signal atmosphere as the Defendant’s vehicle.

Ultimately, the Defendant is in a state where it is difficult to drive the car normally due to influence of drinking, and the Defendant is salted in a state where it is necessary to give approximately two weeks medical treatment to the victim.