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(영문) 수원지방법원 평택지원 2018.07.13 2018고단262
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving a vehicle C with a certain amount of vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 18, 2018, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol that reaches 0.183% of alcohol during blood, and led to the flow of the said car at a speed of about 40km per hour from the side of the military reading center to the intersection of the military door-based three-lanes in the 368 south of Pyeongtaek-si.

In this case, a driver of a motor vehicle has a duty of care to safely operate the steering gear and brakes in accordance with the traffic signals and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant: (a) while driving the said vehicle, while driving the vehicle in a state where it is difficult to operate the vehicle in a normal manner because the speech and behavior is divided; (b) the walking cannot accurately operate the red wheel and brakes; (c) however, due to the negligence that the victim D (65) who was waiting in the signal waiting at the same direction while driving the vehicle in the same direction was unable to properly see the front part of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as catum catum, which requires a two-day medical treatment. The Defendant suffered injury to the Defendant F, who was on board the said K5 vehicle, such as catum catum, tension, etc., for which the number of days of treatment cannot be known.

2. Violation of the Road Traffic Act (drinking) provides that the Defendant is under the influence of alcohol with approximately 0.183% alcohol concentration from the 1km section of approximately 1km to the 0.183% alcohol level around the 51st parallel of Pyeongtaek-si, Pyeongtaek-si, in the vicinity of the same Sin-si.

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