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(영문) 의정부지방법원 2018.11.20 2018고단3955
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a motor vehicle B with detached motor vehicles.

1. On August 30, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol concentration of 0.202% in blood around 23:40 on August 30, 2018 and proceeded with the road front of the Safety Center in front of the 178 119 Safety Center in the face of the relevant city in the city of Songcheon-si.

In front of the driving direction at the time, the victim C(43) was in progress prior to the driving of the automobile, so there was a duty of care to take into account the driving situation of the vehicle prior to the driving of the vehicle and to ensure safety distance to prevent accidents.

Nevertheless, the suspect neglected this and found the victim's driver's vehicle immediately after the victim's driver's vehicle was operated at a safe range, because the suspect neglected it, and the driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E (the victim E (the 42 years old) who was in company with the said victim's vehicle for about one day, such as light chills, tensions, etc. which require medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car under the influence of alcohol with 0.202% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and medical treatment certificates;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes, Article 1 of the Act on the Aggravated Punishment, etc. of Criminal Crimes.

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