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(영문) 의정부지방법원 2018.11.30 2018고단3968
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grand Car.

1. On July 10, 2018, the Defendant: (a) driven the said vehicle while under the influence of alcohol content of 0.213% in blood around 21:00 on July 10, 2018; and (b) driven the said vehicle, and (c) 328 south-ro, Songyang-ro, Songyang-ro, and Song T third-distance crosssection from the boundary of the industrial complex, led the Defendant to the Jin high school located in the area of the industrial complex.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as keeping the traffic situation well and accurately manipulating the steering gear, etc.

그럼에도 불구하고 피고인은 이를 게을리 한 채 언행상태는 횡설수설하고 보행상태는 많이 비틀거리며 혈색은 많이 붉을 정도로 만취하여 그대로 진행한 과실로 같은 방향으로 앞서가던 피해자 C(32 세) 이 운전하는 D 포 르 테쿱 승용차가 적색 신호로 바뀌어 정지하는 것을 뒤늦게 발견하고 정차하려고 하였으나 미처 피하지 못하고 피고인의 승용차 앞 범퍼 부분으로 피해자의 승용차 뒤 범퍼 부분을 들이받았다.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.213% alcohol concentration in blood at a time and at a place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Inquiries about the results of crackdown on drinking driving;

1. A general medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes selected.

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