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(영문) 수원지방법원 평택지원 2019.01.11 2018고단1354
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On February 26, 2018, at around 05:35, the Defendant driven the said car with a blood alcohol concentration of 0.143%, and led to the driving of the front 38 country near Pyeongtaek-si 2, which is in the vicinity of Pyeongtaek-si 2, along with an insular speed in the direction of the parallel.

At the same time, there is a central line with a cost of separation, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant’s negligence of driving in a state where normal driving is difficult due to influence of drinking, led to the Defendant’s shocking of one central separation forum and one central separation zone in front of the center line installed at the center of the above road.

Ultimately, the Defendant by such negligence inflicted injury on the victim C (the 19-year old-age) who was accompanied by the Defendant’s passenger car operation chief in approximately 12 weeks of medical treatment, such as the following lights and the unknown damage of the frame, and damaged the amount of the repair cost by breaking up one Prum and one central separation zone managed by the Victim Suwon National Land Management Office.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A report on detection of each host driver;

1. A written appraisal of blood alcohol;

1. A report on investigation (a statement made by a victim C);

1. Report on internal investigation (report on the damage to traffic facilities);

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act related to the crime, Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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