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(영문) 의정부지방법원 고양지원 2018.04.12 2017고단3924
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 motor vehicle of the franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and the Road Traffic Act.

On September 2, 2017, the Defendant driven the said car under the influence of alcohol content of 0.309% during blood transfusion around 16:40 on September 2, 2017, while driving the said car, the Defendant driven one lane toward the third door of the Hyundai Home Town in the direction of the mountain market at the 44th century, Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu, the Gyeonggi-do.

At all times, since the E-Spo car driven by the victim D(39) is in a stop, there was a duty of care to safely maintain the distance between the two vehicles by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant neglected driving under the influence of alcohol and caused injury to the victim, such as salt, tensions, etc., which requires approximately three weeks of medical treatment. However, the Defendant neglected driving under the influence of alcohol and was negligent in driving the car in an excessively close vicinity to the said car, resulting in the Defendant’s negligence in the course of business.

2. In a case where the Defendant received a report in relation to the said traffic accident at the time, at the time, at the place specified in paragraph 1, and at the place specified in the said paragraph, the Defendant’s insult G (38 S) and H (33 S), “I am, Chewing gue, Scars, and I am knife.”

The victims were openly insultd by openly speaking as “assume, age, fargue, fargue’s death and discarded”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Each statement of H and I;

1. The circumstantial statement report of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, application of Acts and subordinate statutes to site photographs and diagnostic certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts

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