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(영문) 의정부지방법원 2017.10.27 2017고단3427
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 engaging in driving a rocketing car.

1. On July 3, 2017, the Defendant driven the said vehicle under the influence of alcohol content of about 0.161% from the 50-meter section from the 500-meter section to the e-road of the same city from the south-si, Young-si, Busan Metropolitan City, which is located in the Do Farming-do, Namyang-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) went at a speed of about 20 km as soon as possible, depending on the two-lanes of the road in front of the E in the above E, under the influence of alcohol at the time of the above day, from the area of the Dasan-si, the area of the Dasan-si.

There is a duty of care to drive safely by accurately operating the steering gear and steering the steering gear, because the G car driven by the victim F(F, F, 70 years old) stops for the signal waiting.

Nevertheless, the state of speech is divided into two parts, the walking state is a little big, and the blood color is under the influence of several reds, and without accurately operating the steering gear, it was received from the Defendant to the right side of the car of the car of the car of the car of the car of the car of the car of the car of the car of the driver.

Ultimately, the Defendant suffered injury to the victim, such as finite finites that need to be treated for about three weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

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

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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