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(영문) 수원지방법원 평택지원 2018.08.30 2018고단526
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 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 B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 26, 2018, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol leveling 0.111% during blood alcohol level from around 23:55, and led the road of four-lanes in front of the flow-distance 69 at the center of Pyeongtaek-si, Pyeongtaek-si, which is located on the 69-lane in the center of Pyeongtaek-si.

In this case, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of operation to prevent accidents in advance by operating the steering boat and the system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, is in a state of difficulty in driving normally because he is unable to accurately operate the steering direction and brakes such as a light distance, etc., but due to the negligence on the part of Defendant C (55 years) who was waiting for signal at the frontline of the vehicle while driving the said vehicle, and due to the negligence on the part of Defendant C (55 years) who was waiting for signal at the frontline of the vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s loss of light salt, which requires approximately two weeks of medical treatment to the victim.

2. The Defendant violated the Road Traffic Act (drinking) driven a vehicle under the preceding paragraph in a state of alcohol alcohol level of about 0.11% from the 1km section to the front of the distance of the post office in the gambing of the trade name in the vicinity of the gam-si in the Eupn central road of Pyeongtaek-si in the day referred to in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Driving of alcohol;

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