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(영문) 수원지방법원 여주지원 2019.01.30 2018고단993
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 a horse set car B.

On September 21, 2018, at around 23:30, the Defendant driven a car of the horse 0.159% with blood alcohol concentration. On September 21, 2018, the Defendant driven the car of the horse c with two lanes in front of the D Factory in Echeon-si C, and driven the road of two lanes in front of the D Factory in Echeon-si C at an insular speed from the bank gate to the bank humb

그 당시 피고인은 술에 만취한 상태였으므로 이러한 경우 자동차의 운전업무에 종사하는 사람에게는 술이 깰 때까지 운전을 자제하여 사고를 미연에 방지해야 할 업무상의 주의의무가 있었다.

Nevertheless, the Defendant neglected this and entered the opposite lane by wrong operation of the steering gear in a situation where normal driving is difficult due to the influence of alcohol, and led to a reverse driving by the negligence, he was driven by the victim E (the age of 35) who was normally driven by the front side of the car of the horse on the right side of the horse.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of treatment, and the injury to the victim G (V, 38 years of age) who was on board the said mixed fish code car, such as salt, tensions, etc. in need of approximately three weeks of treatment, and the injury to the same victim H (V, 1 year of age) who requires approximately one-day treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a photograph of initial-dong measures, and a photograph of the scene of the accident;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a driving under the direction of the owner, the circumstantial statement of the driver under the direction of the owner, and the circumstantial statement of the owner;

1. Each medical certificate, each Tong's certificate, and each certificate of entrance and discharge;

1. Application of investigation reports (videos), tables photographs, and video-related Acts and subordinate statutes;

1. The punishment of specific crimes provided for in each of the relevant laws regarding criminal facts is aggravated.

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