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(영문) 수원지방법원 평택지원 2019.08.30 2019고단710
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 B Poter cargo vehicles.

On April 27, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.177% in blood alcohol concentration on April 27, 2019, and led to the driving of the above cargo to proceed with the roads adjacent to Ansan C in the airside.

At the time, there was a situation that is subject to restrictions on the view after sunset, and since other vehicles were in progress on the front side, there was a duty of care to prevent accidents in advance by returning well the right and the right of the driver of the vehicle, while maintaining the safety distance with the vehicle ahead.

The Defendant neglected to do so and was driven by the victim D(26 years old) who was driving on the front side of the above cargo while driving the above cargo in a fluorous and red condition while driving it on the front side of the above cargo vehicle. The Defendant was driven by the victim D(26 years old) with the front side of the above cargo vehicle.

As above, the Defendant suffered injury to the victim D, who was driving a motor vehicle under the influence of alcohol that it was difficult for the Defendant to drive the motor vehicle in a normal condition, such as salt and tension for about two weeks in need of medical treatment, and injury to the victim F, who was on board the damaged motor vehicle, such as chest and tension for about three weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Requests for appraisal;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of each victim vehicle booms image;

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 Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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