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(영문) 의정부지방법원 고양지원 2018.07.20 2018고단1429
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for 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 driving a car with a ASEAN.

On May 18, 2018, the Defendant driven the said car under the influence of alcohol content of 0.179% among blood transfusions on May 18, 2018, while driving the said car at a speed of 0.179%, and driving three lanes in front of the “D” located in U.S. Dong-gu, U.S. at a high speed, depending on three lanes, at a speed of about 50 km per hour from a meal Dong-dong room to a speed of 50 km.

At the time, the lower level of the road was set down, and the road was slowed. In such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle while normal driving is difficult due to influence of drinking, and the driver of the motor vehicle has a duty of care to check the safety of course and to drive the motor vehicle by reducing speed and properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so while driving between three lanes and four lanes in the front direction while under the influence of alcohol and neglected to drive the motor vehicle in the front direction, and was in the front part of the F QM3 motor vehicle driving by the victim E (23 tax , n, n) who was driving in the same direction four lanes.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E and the victim G (22 , inn) who was on board the said QM3 car due to approximately 3 weeks of medical treatment, such as clocks and tensions, and the injury to the victim H (23 , inn) who was on board the said QM3 car, for approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition, related vehicles, and field photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Trade name;

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