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(영문) 의정부지방법원 2017.06.02 2017고단593
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 a period of two years 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 QM3 in quantity as a driver of a vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 11, 2017, the Defendant, while under the influence of alcohol at around 23:55, the Defendant was driving the said car with a normal driving of 0.164% while under the influence of alcohol at around 0.164% during blood, and was driving towards the modern hospital on the side of the Gan apartment complex at the southyang-gu, Seoul Island.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to see the front line and the left and the right, and to safely operate the tea.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and proceeded with the center line, and shocked the part prior to the driver’s seat of the Plaintiff D(56 Do) drive of the victim D(56 Do) who was under way at the time of the collision with the center line, into the front part of the driver’s seat of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as catum salt in need of approximately three weeks of treatment due to occupational negligence as above.

2. On the day specified in the above paragraph 1, Defendant 1 driven B QM3 vehicle while under the influence of alcohol content of approximately 0.164% from the 22km section from the front of a restaurant in the upstream-dong, Jung-gu, Seoul, Seoul to the front of the Gyeonggi-gu, Gyeonggi-do, to the road in front of the Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol 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. Article 62(1) of the Criminal Act on the suspension of execution (the purchase of a comprehensive insurance policy)

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