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(영문) 의정부지방법원 2018.02.06 2017고단3347

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2017, the Defendant driven a D 2 truck under the influence of alcohol content of 0.225% from a 6km section from the Defendant’s house located in Spocheon-si, Spocheon-si, to Spocheon-si’s office located in Spocheon-si, The Defendant driven a D 2 truck under the influence of alcohol content of 0.225% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and intensity of the site;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment shall be determined by taking into account the various circumstances shown in the arguments of this case, such as the defendant's age, sex behavior, environment, quantity of alcohol concentration in blood, circumstances before and after the crime, attitude in court, criminal history, balance of punishment in the same or similar case for the reason of sentencing under Article 62-2 of the Criminal Act;

The acquittal portion

1. The summary of this part of the facts charged is the person who drives a DPoter 2 truck.

On July 12, 2017, the Defendant operated the said vehicle under the influence of alcohol content of 0.225% by using the two-lane of two-lanes in the direction of the Fluice Center, which is located in the Clucheon-si line on July 21, 2017, along with the two-lanes in the direction of the Government on the side of Spocheon-si.

In such a case, there was a duty of care to prevent accidents in advance by checking the right and the right of the driver in advance.

As above, the Defendant, while under the influence of alcohol, has driven a vehicle while normal driving is difficult, conflict with the part behind the driver’s seat of the victim E (the 66-year-old driver’s seat) driving prior to the collision with the light part after the Defendant’s senior string of the above vehicle.

Ultimately, the Defendant’s above occupational duties.