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(영문) 수원지방법원 평택지원 2019.07.25 2019고단454
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

The defendant is a person who is engaged in driving a B-hand vehicle.

1. On March 29, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said B-hand car with a blood alcohol concentration of 0.158%, while under the influence of alcohol on March 29, 2019, and continued to drive the said B-hand car with a three-lane road in the front of Pyeongtaek-si C at a speed of one-lane from the shot off to the sloping distance.

At the time, the intersection where the signal apparatus is installed at night and its place is an intersection where the victim D (e.g., 50 years of age) was driven by the signal atmosphere, and in such a case, the driver has a duty of care to prevent accidents in advance by properly operating the brake system and safely operating it.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding while under the influence of alcohol and received the back part of the said E-car in front of the said B-hand vehicle.

Ultimately, the Defendant, while driving the said B-hand car in a situation where normal driving is difficult due to influence of drinking, suffered injury such as light fluorial fluorals in need of a two-day medical treatment to the victim D, and suffered injury such as light fluoral fluorals in need of a two-day medical treatment to the victim F(51) who was on board the said E-hand car.

2. Around 21:55 on March 29, 2019, the Defendant was driving a vehicle with low alcohol level of 0.158% under the influence of alcohol at approximately 1km from around the 1855 Authenticity to the roads near the same city as Pyeongtaek-si, the Defendant was under the influence of alcohol level of 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and F;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

1. Application of Acts and subordinate statutes to each medical certificate and accident site photographs;

1. The provision of relevant laws concerning criminal facts;

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