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(영문) 수원지방법원 평택지원 2019.05.16 2018고단2105
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 02:08 on December 13, 2018, the Defendant driven a Cresch Rexroth under the influence of alcohol concentration of about 0.13% from the 3km section from the 3km road near Pyeongtaek-si Station to the front road of the same city.

2. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a bus in the Grandroth.

On December 13, 2018, at around 02:08, the Defendant was under the influence of alcohol with 0.133% of blood alcohol concentration, and the Defendant was driving the said Lone Star car with the said 0.133% of the said alcohol concentration, and continued the four-lane road in front of Pyeongtaek-si B along with three-lanes from the authentic side of the road.

At the time, the Eco of the victim D(35 years old) driving is also stopping in the air signal. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed and accurately operating the steering direction and operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a difficult state and proceeded without being negligent in driving, caused the latter part of the instant victim’s Eco-driving car to be shocked by the Defendant’s aforementioned part of the back of the instant victim’s DCo.

As a result, the Defendant suffered injury to sugar, etc., which had no two or more wife in an open room, for about three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

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

1. The relevant Act on the Aggravated Punishment, etc. of Specific Crimes is partially applicable to the crime under Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, and Article 15981 of the former Act on the Aggravated Punishment, etc. of Specific Crimes.

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