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(영문) 의정부지방법원 2018.01.16 2017고단3942
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 one year 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 vehicle B at the lower cost, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 7, 2017, the Defendant driven the said car while under the influence of alcohol content of 0.22% at the front of the blood on the road in Gui-si, Gui-si, 02:0, along the two-lanes between the three-lanes in the direction of Seoul in the direction of Namyang-si.

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

Nevertheless, the defendant was driving in a state where it is difficult to drive under normal conditions, such as a string of alcohol, a string, red, and a walking condition. The defendant did not properly see the Estyna vehicle for the victim D's D's driving on a one-lane and tried to change the course to a one-lane, and suffered injury, such as light d'packs, tensions, and tensions, which require approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car with approximately KRW 7 km Bam Bam from the shooting distance in the Tyang-si, South-do, under the influence of alcohol content 0.22% during the influence of alcohol at the time of the day specified in paragraph (1) to the point of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition, a report on the circumstances of driving a drinking, and a report on the results of regulating drinking;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (Defendant primary offender), 55(1), and 55(1)3 of the Act on Reduction of Small Amount, and the injury of the victim are minor.

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