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(영문) 수원지방법원 평택지원 2018.05.04 2018고단174
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 of Cunst cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 5, 2018, the Defendant, while driving the above cargo while under the influence of alcohol 0.131% of alcohol during blood transfusion, and neglecting the duty of exponing in front of Pyeongtaek-si D while neglecting the duty of exponing under the influence of alcohol and not operating the steering and steering gear accurately, conflict with the back portion of the Defendant’s cargo vehicle in front of the passenger vehicle in the front of the Defendant, due to the negligence of neglecting the duty of exponing under the influence of alcohol and not operating the steering and steering gear accurately.

Ultimately, the Defendant driven the above cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, which requires approximately two weeks of medical treatment, and suffered two parts of the knife that require approximately two weeks of medical treatment to the victim G (4 years of age) who is the above knife of the vehicle.

2. Around 09:30 on February 5, 2018, the Defendant was driving a rocketing truck with an alcohol content of about 0.131% under the influence of alcohol at the 1km section from the parking lot for Pyeongtaek-si H apartment to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by each dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

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