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(영문) 의정부지방법원 2017.11.15 2017고단3797
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person who is engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 6, 2017, at around 20:29, the Defendant driven the above vehicle while under the influence of alcohol of 0.160% in blood on the front of the apartment complex 3 complex, and driven the two-lanes between the four-lanes in the front of the acceptable mountain basin and the two-lanes of the two-lanes.

A person engaged in driving service shall not drive under the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by returning the embankment well, maintaining the safety distance, and driving safely.

Nevertheless, the Defendant, as seen above, was driving in a state where it is difficult to drive under normal conditions, such as a remote distance, while driving under the influence of alcohol, and the walking condition was behind the C fishing Code car standing in the signal atmosphere at the front of the road, and suffered injury to the victim D, who is a driver of the said vehicle, and the victim E, who is the passenger, for about two weeks of medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle with a volume B 200 meters high from the road front of the acceptance mack-dong, Seoul Special Metropolitan City, Nowon-gu, while under the influence of alcohol 0.160% during the day-to-day alcohol level as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of D traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

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

1. A report on the detection of a primary driver;

1. An explanatory note;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

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