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(영문) 의정부지방법원 고양지원 2018.08.30 2018고단1492
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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

1. The Defendant is a person who is engaged in driving a vehicle BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 8, 2018, the Defendant, while under the influence of alcohol 0.235% during blood transfusion, was driving the said vehicle at a speed of 30 km per hour at the speed of 30 km at the speed of 11:10 meters per hour at the speed of 0.235%.

In such cases, a person engaged in driving duty has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, the Defendant failed to accurately operate the steering direction and brakes in a state where normal driving is impossible due to influence of drinking, and caused the Defendant’s failure to drive the steering code of the victim C(W, 39 years old) who was stopping on the front side of the vehicle by traffic suspension signal, and caused the driver’s part behind the car.

Defendant 2 suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant was driving under the influence of alcohol concentration of 0.235% in blood at the same time, place, and under the influence of alcohol, as Paragraph 1, at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accident report of E;

1. The application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, the relevant photographs, the notification of the results of regulating drinking driving, the statement of the situation of the driver placed at home;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 1 and 44-2 (1) of the Traffic Act on the map (the point of driving alcohol and the choice of imprisonment);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Criminal Act, the suspension of execution;

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