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(영문) 수원지방법원 여주지원 2016.11.09 2016고단936
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who is engaged in driving of the two-way sports cargo vehicles.

On June 29, 2016, the Defendant driven the above cargo while under the influence of alcohol of 0.190% with blood alcohol concentration around 18:50%, and entered the road of about 10km in front of the DNA oil station in Echeon-si C at a speed of about 10km in the speed of speed in the direction of the just in the direction of the just.

In such cases, there was a duty of care to safely enter the road after checking whether there is a vehicle that is going through the rear side of the road to enter the vehicle.

Nevertheless, under the influence of liquor, the Defendant neglected to do so, and entered the above road and immediately got a U-turn as soon as possible, and received the part front of the right side of the F concrete mixed truck drivened by the victim E (the age of 62) who was proceeding on the rear side of the above road, in front of the left side of the above Coindo Sports Freight.

After all, the Defendant, while under the influence of alcohol, driven the above cargo while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of alcohol, and suffered injury to the victim G (the 73 years old), who is the passenger of the above co-sports cargo vehicle, for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. A traffic accident report (1) (2);

1. Statement of the circumstances of the driving of a motor vehicle;

1. A report on detection of a de facto driver (blood collection result);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

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

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