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(영문) 의정부지방법원 고양지원 2018.12.12 2018고단2241

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving of Bknife car.

On May 26, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.111% among blood transfusions on May 26, 2018, and driven the front of the D’s restaurant located in Gyeyang-gu, Seoyang-gu, Seoyang-gu C with the speed of 70km per hour among three laness.

At the time, the driver is at night and is at the intersection at the front, so there was a duty of care to ensure the safe operation of the vehicle by thoroughly maintaining the front-way vision.

Nevertheless, the Defendant, as a result of the negligence of driving in a state where normal driving is difficult due to the influence of drinking, was discharged from the lane while driving without being driven, and was a restaurant of the above D with the front part of the car in the car in question.

Defendant 1 suffered approximately 2 weeks of crypium, etc. from the victim E (V, 44 years of age) who was on board the car in the above cryp car due to the above occupational negligence, for approximately 2 weeks of treatment, the victim F (52 years of age) in the above restaurant and the victim G (V, 68 years of age), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Recording records of the content of G telephone communications;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Statement report on the situation of a driver who is placed in driving, investigation report, and notification of the results of regulating the driving of drinking;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.