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(영문) 의정부지방법원 2018.07.13 2018고단1880
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

1. On April 6, 2018, the Defendant driven the said SM5 vehicle under the influence of alcohol content of about 0.252% from the 7km section from around 19:40 to the 6-26nd road of the same Si/Eup/Myeon from the vicinity of each Ri in the Eup to the south Eup/Myeon in the same city.

2. While Defendant 2 was driving a BM5 vehicle with alcohol concentration of 0.252% as stated in the preceding paragraph at the above date, at the same place, and at the same time and place, while driving the 2nd apartment on the world side of the e-lane 2nd from the e-lane 2nd from the beginning side of both banks, Defendant 2 was under the influence of alcohol, due to the negligence that did not properly operate the e-mail and brake system due to the influence of alcohol, Defendant 2 was under the influence of the victim C (n, 36 years old) who was under a stop for the atmosphere of traffic due to the negligence that did not properly operate the e-lane e-lane and brake system.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. by driving the car for about two weeks to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report and a response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (the alcohol concentration is 0.112% from the blood from the respiratory measurement), the circumstances for the operation of the instant drinking, reflects the fact that the circumstances for the operation of the instant drinking, the victim’s injury is minor, the purchase of a comprehensive insurance policy, and the driving of the drinking.

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