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(영문) 의정부지방법원 2017.10.13 2017고단3584
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

- On June 7, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea on June 7, 201, and a summary order of KRW 1 million for the same crime at the same court on April 14, 2008.

On August 2, 2017, around 16:55, the Defendant driven a car of 30% 0.143% in blood while under the influence of alcohol in the 9-distance section from the 9-distance section to the 923-Maart in the non-permanent cafeteria located near the king-si, Seocheon-si. The Defendant driven a car of 30% in the state of alcohol.

As a result, the defendant has violated the prohibition of drinking, but has driven a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Part concerning Article 62-2 of the Criminal Act concerning community service order - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving);

1. The summary of the facts charged is a person driving a car in the Col Islands.

On August 2, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.143% during blood transfusions on August 16:5, 2017, and proceeded with the vicinity of 923 Ear-ro Mat-ro 923 at the Mat-si from Pocheon-si.

The driver of a vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant is a part of the part of the defendant's vehicle's front seat in front of the driver's seat, which is driven by the victim D (36 tax) who is waiting for a signal at the front bank due to negligence, as long as he was negligent in performing the duty of the front-time driver's duty as above.

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