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(영문) 수원지방법원 평택지원 2018.05.24 2017고단894
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality.

1. The defendants violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act are those engaged in driving motor vehicles B.

On April 9, 2017, the Defendant driven the said car under the influence of alcohol level of 0.171% during blood alcohol level from around 21:47, and led to the turn to the left of the domin Park Park at the front school of Pyeongtaek-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and to properly operate the steering and brake system and to safely proceed with it.

Nevertheless, under the above circumstances, Defendant 1 was under the influence of alcohol, to turn to the left and to the left at the center due to negligence in the course of business, while neglecting this, and the front part of the victim C(W, 30 years old) who was standing in the traffic signal atmosphere at the one-lane in the E-M Park, was placed in front of the driver’s vehicle in the direction of the driver’s license.

As a result, the Defendant driving a motor vehicle while it is difficult for the Defendant to drive the motor vehicle in a normal condition, resulting in injury to the said victim, such as salt, tension, etc., which requires approximately two weeks of medical treatment, and at the same time, damaged the said motor vehicle by KRW 1,428,172 of its repair cost.

2. On April 9, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.171% without the driver’s license on a section of about 2km from the 2km to the place where the accident referred to in paragraph (1) is located, from the ambling road in Pyeongtaek-si and Eup, Seo-si, Pyeong-si. Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A fact-finding survey report, a traffic accident occurrence report, and on-site photographs;

1. Notification of the results of regulating drinking driving;

1. All electronic output, such as a license ledger;

1. Application of the Acts and subordinate statutes of quotation and written diagnosis.

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