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(영문) 의정부지방법원 2018.11.28 2018고단3557

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment 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

1. On April 13, 2018, the Defendant driven B K3 automobiles while under the influence of alcohol with approximately 0.248% alcohol concentration on the portion of approximately 1.2km from the road in front of the “The Home Packer Government's occupation” located in 38 from the 61st road, a 185-ro Do-ro, a Do-ro, a Do-ro, a Do-ro, a Do-ro, a Do-ro, a Do-ro, a government office building of the Do-si.

2. The defendant is a person engaged in driving the above K3 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

Defendant 1 driven the said K3-lane while under the influence of alcohol at the above day, and driven the three-lane road on the side of “The Home Pussian Government,” which is located in the 38-lane office building of the city government office of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

At the time, there is a night and a place where the center line of the yellow real-line is installed, so the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle in front and safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant got the front portion of the victim C(37 years old) driving, which was driven in front of the Defendant’s driver’s vehicle at the front part of the Defendant’s driver’s vehicle, in a situation where it is difficult to drive the vehicle normally due to the influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A written appraisal of alcohol during blood;

1. A medical certificate;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV images closure photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;