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(영문) 수원지방법원 평택지원 2017.12.07 2017고단1367
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 9, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.218% from blood transfusion around 05:45, and continued the national highway No. 38 prior to Pyeongtaek-si to the Eup/Myeon in the vicinity of Pyeongtaek-si at the intersection of Pyeongtaek-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely proceed without breaking the central line.

Nevertheless, under the influence of alcohol, the Defendant was faced with the front part of the victim D (Woo 49-year-old driving) driving of the victim D (Woo 49-year-old driving) with the top part of the said rocketing car in front of the said rocketing car, which was driven at the center line while it is difficult for the Defendant to drive under the influence of alcohol.

As a result, the Defendant driven a motor vehicle under the influence of drinking, and suffered injury to the victim D and his passenger F (the 26-year-old age), such as salt, tensions, etc., in which it requires a two-day medical treatment, injury to the victim G (the 34-year-old age-old), and injury to the son G (the son), which requires a two-day medical treatment, to the son H (the son, the son, the son) for about 3-day medical treatment, and to the son H (the son, the 44-year-old age-old age-old).

2. The Defendant, in violation of the Road Traffic Act, driven the said vehicle under the influence of alcohol content of 0.218% from the distance from the road front of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si) to the place of the accident at which the said vehicle was under the influence of alcohol, from the distance from the street section to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of H and G;

1. The application of Acts and subordinate statutes, such as a survey report on actual conditions, a traffic accident occurrence report, a notification of the results of the crackdown on drinking driving, a statement of the situation of a driver placed at home, on-site photographs

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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