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(영문) 수원지방법원 평택지원 2019.07.05 2019고단408
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. On March 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DFuma125) driven a motor bicycle with blood alcohol concentration of 0.109% in front of the Cstore located in Pyeongtaek-si B, while driving it on the dFuma125 motorcycle in the direction of the kid kid ridge.

Since there was a road where the median line is installed, the driver of a motorcycle is obliged to keep the motor vehicle in a clear spirit and drive the motor vehicle safely, despite the fact that there was a duty of care to keep the motor vehicle in a clear spirit and drive the motor vehicle, the defendant neglected to do so, and thereby, took the driver of the victim E (39 years of age, n, and n) motor vehicle of the victim E (39 years of age, n.e., the driver of the motor vehicle was driven as the

As a result, the Defendant driven the above motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim G (38, South) who is the same passenger as the victim E and the damaged vehicle, and the victim H (ma and 56 years old) who is the same passenger, for about two weeks.

2. The Defendant has driven a motor bicycle under the influence of alcohol by 0.109% of the blood alcohol concentration without obtaining a motorcycle driver’s license in a section of about 100 meters from the temporary border of Pyeongtaek-si to the front road of the same city as set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Statement to E by the police;

1. Statement on the occurrence of each traffic accident by G and H;

1. Each written diagnosis (E, G, and H);

1. Application of the Acts and subordinate statutes to cut CCTV images;

1. Each relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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