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(영문) 수원지방법원 평택지원 2017.12.08 2017고단1673
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On March 10, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court on March 10, 2008, and on October 12, 2012, the Defendant was issued a summary order of KRW 2 million for the same crime.

[Criminal facts] The Defendant is a person who is engaged in driving a CM7 car.

On August 15, 2017, the Defendant driven the said car with a alcohol content of 0.133% 0.13% in blood, while under the influence of alcohol on August 23:57, 2017, and continued the road of 4-lane in front of the distance of the decline in 4653, along with the west-gu, Anack-si, Anack-si.

At the time, there are nights and vehicles standing in the signal signal atmosphere at the front, so there was a duty of care to accurately operate the steering gear and brake system and secure safety distance for those engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the front of the passenger car, was driven by the victim D(51) driving, which was under the influence of a signal waiting at the front of the road. The Defendant was driven by the back of the victim D(51) driving, which was under the influence of a traffic signal.

In the end, the Defendant: (a) caused the injury of the victim F, who driven a vehicle while driving the vehicle while normal driving is difficult due to influence of drinking, such as red, by negligence, due to the injury of brain sprinkers, etc. which requires approximately two weeks of treatment; (b) the injury of the victim F, who boarded the vehicle on the above spak vehicle, for about two weeks of treatment; and (c) the injury of multiple sprinkes, etc. which requires approximately two weeks of treatment; and (d) the victim G (53 years of age) who boarded the vehicle on the above spak vehicle, for about one week of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1.D, F, and G.

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