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(영문) 의정부지방법원 2017.11.21 2017고단3274
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving). The Defendant is a person engaging in driving a EXE vehicle.

On June 21, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.182% during blood transfusion on June 21, 2017, and driven the front road of the commercial building C from the front side of the Jin Apartment apartment house to the white-water pharmacy.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents by accurately operating the steering direction and brake system.

Nevertheless, Defendant 1 driven in a state where it is difficult to drive the vehicle in such a state as a normal distance, such as a breath, red, and the state of walking, and caused the victim D's E driving, which was under the opposite part, by taking the part of the victim D's E driving in front of the left-hand part of the vehicle, and suffered from the victim D's injury such as chills, tensions, etc. which require approximately two weeks of medical treatment, and suffered from the victim F of the said passenger F for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle of approximately 20 km BEE at the nearby site of the said accident on the gymian road where the alcohol concentration is 0.182% while under the influence of alcohol during the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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