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(영문) 수원지방법원 평택지원 2018.12.14 2018고단1519
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

The Defendant is a person engaging in driving a rocketing car.

On September 1, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.167% in blood around 21:45, and continued to be softened rice treatment area from the surface of the influent post office located near Pyeongtaek-si to expand the roads near Pyeongtaek-si.

At the time, since the vehicle was at night and at the same time another vehicle was in progress, there was a duty of care to prevent accidents in advance by keeping the front door and right and the right and the right of the driver of the vehicle safely and safely.

Nevertheless, the Defendant neglected to do so and took a dump truck, which was parked on the right side of the Defendant’s running direction by driving the said vehicle under a red condition with a flaging, and going behind the Defendant’s back, and the front side of the dump truck (e.g., 57 years old) driveed behind the Defendant’s back, took the front side of the Defendant’s right side of the dump truck, and caused the said flag vehicle to have the said flag vehicle parked on the right side of the Defendant’s left side.

As above, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim, such as a dyp fage, etc., which invaded three cages that require approximately five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Order of community service;

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