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(영문) 의정부지방법원 고양지원 2019.02.21 2018고단3185
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 18, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BK5 automobiles with blood alcohol concentration of 0.192% under the influence of alcohol level around 19:50% on November 18, 2018, and tried to drive a mountain 110-27 in the middle of the middle of the three-lanes in order to drive a mountain live zone in the middle of the middle of the 110-27 roads in the middle of the middle of the middle of the middle of the

At the time of the defendant's vehicle, the victim C (the 47-year-old) is driving in front of the vehicle, and in such a case, the driver has a duty of care to observe the safety distance with the vehicle in front and to prevent the accident by accurately manipulating the steering and brakes and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and tried to see the part behind the damaged vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant driven the said K5 vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the B K5 vehicle under the influence of alcohol with approximately KRW 0.192% alcohol concentration at the section of about 9km from the public parking lot located in the Seog-gu, U.S., U.S., U.S. to the place indicated in paragraph 1, at the time and time.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Blucs, video CDs;

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 (Amended by Act No. 15981, Dec. 18, 2018) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 1

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