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(영문) 수원지방법원 평택지원 2019.07.05 2019고단405
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 March 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter referred to as the “Aggravated Punishment, etc.”) driven Cran-car with a blood alcohol concentration of 0.263% under the influence of alcohol on the roads near the entrance of B at Ansan-si, and led it to the way from the safe side.

The driver of a motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the brake and steering gear of the motor vehicle in a clear mind by keeping the steering room in a clean mind.

The Defendant was negligent in neglecting this, and due to the negligence that the Defendant was unable to properly operate the brakes and steering wheels while under the influence of a large amount of lush, and due to the negligence of not operating the brakes and steering wheels properly, the Defendant was driven by the victim D (60 years old, female) driving on the three-lanes in the front section of the car of the Defendant.

As a result, the Defendant driving a franchise in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim D, such as a chief salt in need of medical treatment for about two weeks, and suffered injury to the victim F (30 years of age, female) who is the passenger of the damaged vehicle for about two weeks, and suffered injury to the victim G (58 years of age, female) who is the same passenger for about two weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) (hereinafter referred to as the “Road Traffic Act”) in a state of alcohol with a blood alcohol concentration of about 0.263% from the 3km section from the cafeteria parking lot near H at the time of the time and time set forth in paragraph (1) to the roads near the same city located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Each written diagnosis;

1. Report on the occurrence of a traffic accident, on-site control photographs, and on-site photographs;

1. Application of the Acts and subordinate statutes of the written request for appraisal, and the written report on the running of an employee; and

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