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(영문) 수원지방법원 평택지원 2018.12.07 2018고단1335
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

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

On June 26, 2018, the Defendant driven the said car while under the influence of alcohol content 0.179% during blood transfusion 20:23 on June 26, 2018, and led Pyeongtaek-si C to the Western IC from the direction of its original intersection.

In such cases, a person engaged in driving service shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely along the central line by accurately manipulating the traffic situation, steering and brakes, etc.

Nevertheless, the Defendant, while driving in a state where normal driving is difficult due to drinking, entered one lane to turn to the left from the opposite lane due to the occupational negligence that led to the center line due to the occupational negligence of the Defendant, received the back portion of the E Camp No. 37 years old from the left side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence during the two-day period of medical treatment.

2. On June 23, 2018, the Defendant: (a) driven a B rocketing car with a alcohol content of about 500 meters from the front line of Pyeongtaek-si F to C at approximately 500 meters, while under the influence of alcohol at about 0.179%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1. Imprisonment with prison labor for each choice of punishment;

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