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(영문) 수원지방법원 평택지원 2019.05.31 2019고단56

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:05 on December 9, 2018, the Defendant driven B nose or car under the influence of alcohol content of about 0.123% from the 3km section to the road along the 4510 large movable distance crossing from the road near the Geong-si Port (Gu) Terminal to the road in Ansan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B coaches or automobiles

On December 9, 2018, the Defendant was under the influence of alcohol with 0.123% of blood alcohol concentration at 0.123% on December 9, 2018, and the Defendant was driving along the four-lane road near the intersection of 4510 large movable property at the Gyeonggi-si, along with one lane towards the inside of the parallel.

Since the vehicle was in the front line at the time, there was a duty of care to ensure safety distance for the person engaged in driving service, to properly look at the front line and the right and the right, and to prevent the accident in advance by properly manipulating the steering direction and the system.

The Defendant was negligent in neglecting that, while stopping in the front direction of the signal signal at the front direction, and was driven by the victim C(AW5) who was driving by the victim C(AW5) at the age of the age of 25, and received the part of the Defendant’s driver’s share or the part of the driver’s share in front of the car.

As a result, the Defendant suffered injury to the victim, such as cerebral le, which requires medical treatment for about two weeks, due to the influence of alcohol, by negligence on the part of the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the results of the drinking driving control and the application of Acts and subordinate statutes to the actual condition survey report;

1. Article 5-11 of the former 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 criminal facts;

1. Selection of each sentence of imprisonment;