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(영문) 의정부지방법원 고양지원 2019.05.17 2019고단711
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 in a SP area B.

On February 12, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.169% on 00:10 on February 12, 2019, while driving the said vehicle, and driving the said vehicle to the distance of sports complex from the border distance on the side of the dialogue intersection.

At the time, there are nights and other vehicles operating, so in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as making a person engaged in driving of the vehicle abundance and left and left well, and accurately operating the steering system of the vehicle.

Nevertheless, the Defendant neglected this and neglected it, and caused the victim E (the 42-year old-age) to suffer the back portion of the victim C (the 66-year-old cab)'s driving of the said road due to the influence of drinking, such as a little string distance, and due to the negligence that the victim C (the 66-year-old cab) who driven the said road while driving on the said road, with the front portion of the Defendant's driving on the said string vehicle. The victim E (the 42-year-old cab) was able to receive approximately two weeks of chills and tensions in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

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

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by a dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Discretionary mitigation Criminal Act;

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