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(영문) 수원지방법원 평택지원 2019.06.28 2019고단183
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 December 23, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving CM5 cars under the influence of alcohol concentration of at least 0.134% on the roads in front of Pyeongtaek-si B apartment on a blood alcohol level, and driving them toward BM5 cars from the direction of the transmitting coal station.

At that time, the Defendant, prior to the same direction, was followed by Echip car driven by the victim D (the age of 28). In such a case, there was a duty of care to secure and proceed safety distance by making sure that the person engaged in driving service is well aware of the situation and reducing the speed.

The Defendant was negligent in stopping while neglecting the influence of alcohol and proceeding temporarily as it is, and received the back part of the passenger vehicle standing in the front line to a signal atmosphere from the front line as the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim FF (the 32 years of age) who is the same vehicle as the victim D and the same passenger, for about two weeks of treatment.

2. Around 03:10 on December 23, 2018, the Defendant driven the said SM5 vehicle under the influence of alcohol content of about 0.134% from the 1km section from the front of the coal station located in Pyeongtaek-si Seo-dong to the front roads of the same city B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and on-site photographs;

1. Notification of the results of the drinking driving control, and closure photographs;

1. Application of two Acts and subordinate statutes to a report on investigation (or a relative investigation of a victim) and a written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the pertinent criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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