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(영문) 수원지방법원 성남지원 2017.08.31 2017고단1320
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

1. On May 1, 2017, the Defendant, in violation of the Road Traffic Act (driving of alcohol), driven the Poter cargo under the influence of alcohol with approximately 50 meters alcohol content 0.195% at a section of about 50 meters from the Gambag parking lot in the Gyeongnam-si, Hanam-si to the D entrance distance in C.

2. On May 1, 2017, the Defendant was under the influence of alcohol level of 0.195% during blood transfusion on May 1, 2017, while driving the said soft truck, and proceeding two-lanes of the D entrance distance from the right edge to the right edge from the right edge of the runway distance, and stopped to the right edge by signal at the intersection.

At the time, there are nights, and there are three-distance crossings where signal lights are installed in the front door, so in such a case, there was a duty of care to prevent accidents in advance by reducing speed and safely examining the front, rear, and left and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to operate the brake devices in an accurate manner, and caused the following parts of the F.I.K. car driven by the victim E (61 S) who was standing in the front of the Defendant’s backward while pushing the Defendant’s cargo vehicle behind the Defendant’s rear, with the failure to operate the brake devices accurately.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as chest dynasium, tension, etc., which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports (1), (2) on traffic accidents;

1. Notification of the results of regulating drinking driving and a report on whether to drive any danger;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act and the aggravated punishment, etc. of specific crimes as to the crime.

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