(영문) 의정부지방법원 고양지원 2018.10.25 2018고단2095

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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단2095

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

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

1. On August 7, 2018, the Defendant, while under the influence of alcohol level of 0.151% from blood transfusion around 23:00 on August 7, 2018, driven the said car, and led the front road to the intersection of 874 U.S. C. C. as a result of the unification of Gyeyang-gu in Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-si, the Defendant driven the said car along the three-lane between the Seoul bank and the Seoul bank.

At the same time, there was a vehicle stopping in the signal atmosphere, so in such a case, the driver of the vehicle had a duty of care to safely operate the steering system, and to make the steering system accurately.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and was negligent in driving at the front section of the Defendant’s vehicle, which was driven by the victim C(39 years old) who was waiting in the front section of the lane at the Defendant’s drive, and received the part of the driver’s vehicle behind the Defendant’s car.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (V) who was on board the said passenger car due to the foregoing occupational negligence, including approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said SM5 vehicle under the influence of alcohol level of about 0.151% at the 10km section of the blood alcohol level from the 10km-gu, Goyang-gu, Goyang-si, Goyang-si, Goyang-si to the front of the 10km-si, Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. The circumstantial statement of the driver involved and the response letter requested for appraisal;

1. Application of Acts and subordinate statutes of subparagraph (E), written diagnosis (C);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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