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(영문) 수원지방법원 평택지원 2019.09.20 2019고단773
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

The defendant is a person who is engaged in driving a cruise car.

1. On May 8, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) stopped to the signal atmosphere while driving the said vehicle in a state where normal driving is difficult due to the influence of drinking alcohol that reaches 00:20% of blood alcohol level, and driving the said vehicle on the one hand, leading to the intersection of three lanes in front of the intersection in Pyeongtaek-si and the other two lanes in the direction D from C to D.

In such cases, there was a duty of care to prevent accidents in advance by driving safely while accurately operating the brake system to those engaged in driving of motor vehicles.

Although under the influence of alcohol, the Defendant: (a) while driving the said vehicle in a state where it is difficult to drive the vehicle in a normal condition because the speech and behavior is divided; (b) the walking cannot accurately operate the red brake system; (c) while driving the said vehicle, the Defendant was driven by the victim E (70 years old) who was parked in the signal line from the front line of the said vehicle by removing a dog owned by the Defendant, which was on the front line of the said vehicle operation; and (d) due to the negligence, was driven by the front part of the Defendant’s vehicle.

As a result, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered approximately two weeks of treatment for the victim, H (25 years old), I (25 years old), I (19 years old), and J (18 years old).

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol 0.165% at the section of about 300 meters from the temporary border to the site of accidents described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation and a report on actual yellow dust;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The Act and subordinate statutes (five copies).

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