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(영문) 의정부지방법원 2017.06.13 2017고단19
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

1. The Defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 18, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.237% among blood transfusions on November 16:10, 2016, and led to the flow of the road without distinguishing the two lanes in front C in the Gyeonggi-do, from the parking lot located in the front of C in the Gyeonggi-do.

Since this is a hond road, there was a duty of care to ensure the safe operation of a person engaged in driving of a motor vehicle by thoroughly manipulating the hond 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 right and the

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding as it was on the center part of the road, and the victim D (59 aged) who was waiting to pass the above-learning car while driving the EM5 car and stopping the vehicle. After the driver's seat of the EM5 car, the Defendant was found to have been on the front part of the frighting car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive it normally due to influence of drinking, and suffered injury to the victim D, such as climatic salt, which requires approximately two weeks of medical treatment, and injury to the victim F, who is the passenger of the damaged vehicle, including 49 years of age, for about two weeks of medical treatment.

2. On November 18, 2016, the Defendant: (a) driven a B-learning car under the influence of alcohol content of about 0.237% from the section of about 20km to the front of an elementary school, in the shape of both documents in the G-Jinsan parking lot located in Sin-Eup Sin-Eup, Nam-gu, Nam-gu, Sindong-si, and around 19:20, in the middle of the 19:20km, while driving a b-learning car under the influence of alcohol content of about 0.237% from the 20km to the front of the elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, photographs of the scene of accident, and photographs of damaged vehicles;

1. Each written diagnosis;

1. Application of the law of reply to inquiries, such as criminal history.

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