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(영문) 수원지방법원 평택지원 2017.11.10 2017고단1743
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

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

On August 6, 2017, the Defendant driven the said car while under the influence of alcohol 0.141% while under the influence of normal operation at around 00:15, the Defendant continued to drive the said car from the border of Pyeongtaek-si to the Pyeongtaek-si Police Station on the side of Pyeongtaek-si, depending on one-lane intersection between the two-lane two-lanes.

At the time, since the passage of people and vehicles is frequent at night, there was a duty of care to reduce speed and drive safely by checking well the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, went through while neglecting to do so, was shocked with the part of the front part of the car of the Defendant, which was driven by the victim C driver who was in the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim C and the victim E, who is a passenger with a damaged car due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

2. Defendant 1 driven the said B SP-type car under the influence of alcohol content of approximately 0.141% from the section of approximately 200 meters from “G” road located in Pyeongtaek-si F at the time of the day indicated in the above paragraph 1 to the front road of the said agricultural cooperative road.

Summary of Evidence

1. Statement by the defendant in court;

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 written statement of the occurrence of each traffic accident of H, I, J, and K;

1. Report on internal investigation (C telephone communications);

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (each of them) concerning the relevant criminal facts

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