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(영문) 의정부지방법원 고양지원 2018.04.20 2018고단415

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 23:55 on December 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), while driving a BD-type car and driving a four-lane road in front of the National Cancer Center located in the Dong-gu, U.S., U.S. at an ancient city along three-lanes, the name of the four-lane of the road in front of the National Cancer Center, at the original direction, is divided into drinking, and the Defendant was unable to normally drive the blood alcohol concentration of 0.169% due to negligence in the course of performing duties at the front direction while it is difficult for the Defendant to normally drive the 0.169% of alcohol concentration in the blood, such as the walking of the walking, and the Defendant suffered no three-time injury to the victim in front of the Defendant’s vehicle in front of the Defendant’s vehicle, and the victim did not suffer any injury for treatment during the day.

2. The Defendant, in violation of the Road Traffic Act, driven the said car under the influence of alcohol with 0.169% alcohol concentration on the roads near the Hanyang-gu Pungdong-gu, Goyang-si, Goyang-si to the roads preceding the National Cancer Center, at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. The actual investigation report on traffic accidents;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of statutes on the scene of an accident and photographs of damaged vehicles;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated to the extent that the punishment is added up to the long-term punishment of the above two crimes, but the lower limit of the punishment is that of the crimes as provided for in the traffic laws of the roads.