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(영문) 의정부지방법원 고양지원 2017.03.15 2016고단3554
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant: (a) driven a DNA knick in the state of alcohol leveling 0.181% of alcohol level in the section of approximately 30 meters from the front to the front of C on the road of Pakistan at around 20:0 on September 5, 2016, while under the influence of alcohol leveling from around 30 meters to the road.

2. On September 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol on the road front of the E cafeteria located in the Pakistan around September 20, 2016, and the Defendant was driving the Grand Sheet in front of the E cafeteria, as seen above, and the Defendant was driving the Grand Sheick at a e-mail speed from the 9 complex surface of the Cheongan Industrial Complex.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and to prevent accidents.

Nevertheless, the defendant was the victim F (W, 33 years old) who was driven by the defendant due to negligence while neglecting it as mentioned above while driving, and the part on the left side of the Gsch Rexn car driven by the defendant was received in front of the left side of the Gsch Rexn car operated by the defendant.

Ultimately, the Defendant, as seen above, was driving in the Republic of Korea, in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury, such as “catum and the alley part,” which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. Aggravation concurrent crimes;

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