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(영문) 의정부지방법원 고양지원 2018.06.14 2018고단704
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 24, 2018, the Defendant driven a car under the influence of alcohol content of about 1.8km from the section of approximately 1.8km to the front distance of the Busan-dong community service center located in 481-8 of the same Gu from an insular location (hereinafter referred to as the “scambling”), at around 04:40 on February 24, 2018, the Defendant driven a car under the influence of alcohol content of at least 0.231%.

2. The defendant is a person engaging in driving service of the said car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

Defendant 1 driven the said car while under the influence of alcohol concentration of 0.231% in blood during the above day at the time of the above day and driven the front distance of the Songsan-dong community service center at the speed of about 50 km per hour from the direction of dialogue.

At the time, the center line of the yellow-ray was installed at night, and in such a case, there was a duty of care to reduce the speed to those engaged in driving service and to safely drive the car well.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving the victim D(64) that was driven in the opposite lane by negligence with the center line.

The front part of the E-si was driven by the Defendant as the front part of the said car.

Accordingly, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim D and the victim F of the taxi passenger F (33 ) for about two weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. The circumstantial report of the driver employed at the main place;

1. An accident vehicle photograph;

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 (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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