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(영문) 수원지방법원 평택지원 2019.05.09 2018고단1929
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles B.

On November 1, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.139% around 06:30, while driving it, and driving the said car along one-lane from the parallel to the parallel of Pyeongtaek-si Station, and stopped the signal atmosphere, and became backward in order to make a U-turn on the job.

At the time, since it was a night road where the passage of a vehicle was frequent, there was a duty of care to prevent accidents in advance by properly manipulating the operation system of a motor vehicle, while it was a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, when the Defendant neglected to do so and neglected to do so, the Defendant immediately behind the Defendant’s passenger car in front of the FK5 vehicle for the victim E(the age of 23) driving, which was in the traffic signal atmosphere, received the part behind the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as an injection salt, which requires treatment for about two weeks to the above victim.

2. The Defendant, at the time and place specified in Paragraph 1, driven a B Pote vehicle while under the influence of alcohol by 0.139% of alcohol concentration in blood at a place.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking 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 (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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