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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단1866
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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

1. Around 22:15 on July 14, 2014, the Defendant: (a) driven a motor vehicle under the influence of alcohol by 0.116% of the blood alcohol concentration on the section of approximately 3km from the road front of the cambow-dong, Yongsan-gu, Busan Metropolitan City to the front road of the new village elementary school located in Goyang-si, Seoyang-si.

2. A person who is engaged in driving a motor vehicle by obtaining a franchise from a defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On July 14, 2014, the Defendant driven the said car while under the influence of alcohol of 0.116% of blood alcohol concentration on 22:15, and driven the said car, and driven the three-lane road in front of the New Village Elementary School located in the Ulsan-gu, Ulsan-gu, Manlsan-si in ancientyang-si, along the two-lanes from the border to the mountain basin.

At that time, the Defendant, prior to the same direction, was followed by the Fbeer or car driven by the victim E (the age of 47). As such, the Defendant had a duty of care to take care of the situation with respect to a person who is engaged in driving of a motor vehicle, and to secure and proceed with a safe distance to avoid when the motor vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive an excessive close driving by the Defendant, and received the front part of the car as the front part of the car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E, such as salt ties and tensions, etc. on the chest part for about two weeks of medical treatment, and suffered injury to the victim G (the 16-year old age), who was on board the said beer or car, such as cerebral dye, etc., which requires a detailed treatment for about two weeks of medical treatment, and escaped without taking necessary measures, such as aiding the said beer or car, even if the repair cost is damaged to KRW 328,183 of the repair cost.

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