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(영문) 의정부지방법원 2020.12.16 2020고단3519
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

The defendant is a person who is engaged in driving of B B B B B B B.

On June 6, 2020, at around 01:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.156% with a normal driving speed of 0.156%, and turned the four-lanes in front of the two-lane 351-1 extra-section 351-1, south East-dong, both weeks, into a two-way viewing room, and became a U-turn.

In this case, the driver of the motor vehicle has a duty of care to thoroughly observe the vision and to prevent the accident in advance by complying with the signals at the permissible point for internships.

Nevertheless, in a situation where normal driving is difficult due to the influence of alcohol, the Defendant tried to make a driver at the intersection of the vehicle in which it is difficult for the Defendant to drive the vehicle, and in the opposite direction, conflict with the front part of the victim C (ma, 31 years old) driving Dcopic vehicle in the direction of the new line with the front part of the Defendant driving vehicle.

Ultimately, the Defendant suffered injury, such as a cage of cage cages (9) that require approximately four weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's protocol of statement C to the defendant's legal statement, investigation report on actual condition of the police's statement, photographed driver at the scene of the accident, inspection report on drinking driving and control

1. Selection of imprisonment with prison labor for the crime as provided in Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act as to the punishment of the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended sentencing guidelines (the determination of types) shall be limited to traffic accidents;

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