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(영문) 의정부지방법원 2017.07.11 2017고단528
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a person who is engaged in driving a XG car with the franchise.

On December 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.120% among blood transfusion around 20:30 on December 14, 2016, and continued to drive the said car at the influence of alcohol level of 0.120% on the front side of C in the southyang-do.

Since the place is a road where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by maintaining the traffic situation of the front line.

Nevertheless, the Defendant neglected this and conflict with the victim D (36 tax) who is proceeding in the opposite part due to the negligence of the Defendant's neglecting it with the center line, with the front part of the vehicle in front of the left side of the Defendant's driver's car.

As a result, the Defendant suffered, by negligence in the course of business, a salt panscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopicscopic scopic scopicscopic scopic scopicscopic scopic scopics

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents, on-site photographs of traffic accidents, notification of the results of crackdown on drinking driving, and investigation reports;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act, such as the observation of protection and the order to provide community service and attend lectures;

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