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(영문) 수원지방법원 평택지원 2018.01.31 2017고단2027
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 of BRano 4.5 tons of cargo in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On October 1, 2017, the Defendant, while driving the said cargo under the influence of alcohol level of 0.133% in a state where normal driving is difficult under the influence of alcohol level of 18:34, and driving the said cargo in the direction of a 830-lane Ro-ro 830-lane from the boundary of the two-lane in the direction of the road at the direction of the two-lane to the one-lane, was negligent in neglecting the duty of front-way drinking while under the influence of alcohol, and in failure to accurately operate the steering direction and brake system from the one-lane to the one-lane, the Defendant shocked the back part of the Defendant’s vehicle in front of the passenger vehicle.

Ultimately, the Defendant driven the above cargo vehicle in a situation where normal driving is difficult due to the influence of drinking, and sustained the injury of the victim E (the 53 years old), who is the knife knife, the above knife knife knife knife, the knife knife knife, the knife knife knife knife, the knife knife knife knife knife knife knife knife knife knife knife knif

2. On October 1, 2017, the Defendant was driving a vehicle under the influence of alcohol with approximately 0.133% alcohol concentration in the 3km section from the vicinity of the breath of the two sides to the place where the said accident occurred, on October 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The first statement made to C by the police;

1. Each written statement of G, F, and E;

1. A survey report on actual condition, a statement on the circumstances of the driver at the main place, and an investigation report (a report on the situation of the driver at the main place);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 2 of the Road Traffic Act.

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