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(영문) 수원지방법원 평택지원 2018.09.20 2018고단536
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 7, 2018, the Defendant driven the said car while under the influence of alcohol 0.135% while under the influence of normal driving at around 23:15, while driving the car, and led the Defendant to drive the said car from the border site on the side of Pyeongtaek-si, 1838, along the two-lane crossing of 1838 e.g., the two-lanes in front of the intersection of the e.g., the two-lane.

Since there is an intersection where a signal, etc. is installed, the driver has a duty of care to safely drive the vehicle in accordance with the new subparagraph after ascertaining whether there is a vehicle passing through the intersection by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, even though the Defendant neglected to do so and went to the left, due to the negligence of entering the above intersection and going to the right from the left side of the Defendant’s running direction, the front part of the victim C(W, 27 years old) driving, which is D, the driver of the vehicle in question, was shocked with the front part of the vehicle in front of the Defendant’s car.

After all, the Defendant suffered from the injury of the victim C and the victim E (29) who is his her son by occupational negligence as above, for about two weeks of crypical treatment.

2. On April 7, 2018, the Defendant: (a) driven a B k5 vehicle under the influence of alcohol with approximately 1km alcohol concentration of 0.135% from the 1km section to the place of traffic accident on the roads front of the Han-dong Han-dong Han-dong, Gyeonggi-do, Gyeonggi-do, at around 23:15 on April 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the occurrence of a traffic accident, an on-site photograph of the accident, and a medical certificate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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