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(영문) 의정부지방법원 고양지원 2018.06.08 2018고단773
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with alcohol concentration of 0.198% in blood alcohol during the influence of around 23:5 on February 3, 2018, the Defendant driven the motor vehicle of B Abdo 0.198% and proceeded one lane in front of C in the opening of the door-type terminal at the time of wave.

At the time, it is night time.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service has a duty of care to thoroughly drive the front line and to safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(40) who was driven by the Defendant’s vehicle in the opposite opposite tea line due to the negligence of the Defendant’s neglecting this, and was driven by the Defendant’s vehicle in front of the Defendant’s car.

As a result, the Defendant driven the said a hurd vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F (the 25 years old) who is the passenger of the said hurd vehicle and the victim F (the 25 years old), respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle with a alcohol level of about 300 meters from the section of approximately 300 meters from the front to the place specified in paragraph 1, while under the influence of alcohol level of about 0.198% from the section of the 5-ray in the glass of the Seodaemun-gu, Seosan-gu, Sin-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1. The Commercial Concurrent Crimes Act.

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