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(영문) 의정부지방법원 고양지원 2019.06.28 2018고단1110

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 10, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act for the purpose of violating the provisions of the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on February 10, 201; on April 29, 201, a fine of five million won for the same crime at the Seoul East District Court on April 29, 201; and on December 26, 2013, a fine of six million won for the same crime is respectively issued.

The Defendant is a person engaging in driving a car B.

On October 27, 2017, the Defendant driven the said car with a blood alcohol concentration of 0.188% 0.18%, while under the influence of alcohol around 00:45 on October 27, 2017, and driven it along the four-lanes from C to 00-mast parallel.

At all times, the E-learning car driven by the victim D(n, 32 years old) was stopped in the signal atmosphere, so the driver of the vehicle has a duty of care to safely maintain the distance between the steering gear and the brake system and to stop the vehicle.

Nevertheless, the Defendant neglected driving under the influence of alcohol while driving normally due to the difficulty of driving the frighting passenger vehicle, thereby driving the frighting passenger vehicle in close vicinity to the above frighting passenger vehicle due to occupational negligence, followed the above frighter part of the frighting passenger vehicle, and damaged the frighting passenger vehicle owned by the victim by taking up the frighter part of the frighting passenger vehicle in front of the above frighting passenger vehicle for about two weeks. At the same time, the Defendant suffered an injury to the frighter in need of medical treatment for about two weeks, and then damaged

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of written estimates and written diagnosis to statutes;

1. On December 18, 2018, the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on Criminal Crimes.