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(영문) 의정부지방법원 고양지원 2017.06.29 2017고단1177
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 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 vehicle with C low Pest another car.

1. On March 22, 2017, the Defendant, while under the influence of alcohol level of 0.204% from blood transfusion around 21:00 on March 22, 2017, driving the said vehicle as his/her duties, and driving the said vehicle on a road of about 40 km in front of the Papju City with the road of about 0.204% from the professional protection area to the observation area of El branch.

At the time, there is a night and a place where the center line of the yellow real-line is installed, so in such a case, there was a duty of care to thoroughly operate the motor vehicle driver in the front and the motor vehicle driver with the duty of care to safely operate the motor vehicle.

Nevertheless, Defendant E (the 44 years old) who, under the influence of alcohol, friended a bend road while neglecting it and proceeds normally from the negligence of driving the central line due to the negligence of driving it, the part of Defendant E (the 44 years old) in front of the left-hand part of the car driven by Defendant E (the 44 years old) was the top-hand part prior to the left-hand part of the car of Defendant E.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt ties, tensions, etc., which require two-day medical treatment to the victim E.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle under C in the state of alcohol alcohol leveling 0.204% from a portion of about 1km in the direction of 1km to D in front of the pacton-do in the Pacton-Myeon of the Pacton-do of the Pacton-si of the Pacton-si of the day indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to accident scene photographs and diagnostic reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.

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