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(영문) 수원지방법원 평택지원 2019.10.04 2019고단660
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 27, 2019, at around 00:20, the Defendant driven the above cargo while under the influence of alcohol with 0.146% of alcohol concentration, leading to the front road of Pyeongtaek-si C Apartment apartment in the direction of the bamboo zone, along the two-lanes from the upper village park towards the area of the bamboo zone.

At night, it was a road with a lot of vehicle traffic. Thus, inasmuch as a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to properly operate the steering direction and brakes of the motor vehicle and prevent the accident in advance, the defendant was negligent in driving the steering gear while driving the motor vehicle while being under the influence of alcohol and was negligent in failing to properly operate the steering gear at the three-lane of the motor vehicle, and received the front part of the motor vehicle's freight.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim FF (the age of 35) who was on the said co-sports car, such as a cryp and a crypumumumumumumumumum for three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time and place specified in paragraph (1), and driving B Poter cargo with a blood alcohol concentration of 0.146% under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. The circumstantial statement of the employee;

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

1. Notification of the result of crackdown on drinking driving;

1. The police statement concerning F;

1. Registers of driver's licenses (52 pages);

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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