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(영문) 수원지방법원 평택지원 2018.01.31 2017고단2018
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 light of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 25, 2017, the Defendant driven the said car under the influence of alcohol level of 0.229% during blood transfusion around 22:55, and led to the driving of the said car in front of the D gas station located in Pyeongtaek-si C from the Asan bank to the right-to-door bank in front of the D gas station in Pyeongtaek-si.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to safely proceed with the driving direction by checking the front side well.

Nevertheless, the Defendant driven the said car under the influence of alcohol, such as making a rhym, a string, a string, and a red change of the blood, and erroneously entered the said car into the opposite direction at the immediately preceding intersection, but did not return it to a normal lane due to the median as the center division, and did not return it to the normal lane, and received the front portion of the victim E (WW) driving, 28 years old, as the front part of the said car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of a two-day medical treatment for the victim.

2. On August 25, 2017, the Defendant driven the said vehicle under the influence of alcohol content of about 0.229% from the 3km section from the 22:5 on August 25, 2017 to the 3km road of Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents and reports on the circumstances of the driver involved in driving;

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

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

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