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(영문) 수원지방법원 평택지원 2019.03.21 2018고단1638

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On August 8, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.160% 0.160% around August 23, 2018, and led it to bypassing the roads in front of the Gyeonggi-si building from the place of transmitting coal to D apartment.

At the time, the vehicle was at night, and it was a private-distance intersection where the passage of the vehicle was frequent, so there was a duty of care to reduce the speed prior to the bypassing of the motor vehicle and to properly see the right and the right and the right of the motor vehicle, while to prevent the accident in advance by properly manipulating the brake system of the motor vehicle.

Nevertheless, when the Defendant neglected to pay attention to the Defendant’s vehicle under the influence of alcohol, the part on the front side of the Victim E(24 years old) driving, which was proceeding directly from the left-hand side of the running direction of the Defendant’s vehicle to the right-hand side of the normal signal, was able to receive a part on the left-hand side of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as brain, dynasium, and tension, which require treatment for about two weeks.

2. The Defendant, at the time and place specified in Paragraph 1, driven B-low-income automobiles under the influence of alcohol with a blood alcohol concentration of 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The Criminal Act among concurrent crimes.