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(영문) 의정부지방법원 고양지원 2018.06.20 2018고단969
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 the operation of a set-on motor vehicle B with a set-on Montreal.

On April 12, 2018, the Defendant driven the said car under the influence of alcohol content of 0.124% during blood transfusion at around 23:05, while driving the car at a level of 0.124%, and, at the ancient city, only the forest village 1-29-15 located in the Sinsan-dong Forest Village at the 29-15 Sinsan-do Forest Village at the later apartment site in front of the apartment after the apartment, the mountain was going into the jurisdiction of the luminous church.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as taking care of the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, under the influence of alcohol, the Defendant, by negligence in the course of business, neglected to perform the duty on the front side of the Defendant’s driving, took the front side of the Defendant’s vehicle driving DK3 car, which was proceeding to the right side from the left side of the Defendant’s driving direction, and suffered injury to the said victim, such as chills, tensions, etc. requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a written statement of the situation of the driver;

1. Accident scene and vehicle photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-11 (the point of causing bodily harm to the driving of danger), 148-2 (2) 2 and 44 (1) (the point of driving alcohol) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment for each sentence;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the aggravated punishment of which is heavier, shall be aggravated: Provided, That the lower limit of the punishment shall be the same.

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