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(영문) 의정부지방법원 고양지원 2017.09.28 2017고단2404
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

1. Around 02:40 on June 3, 2017, the Defendant driven Cnew XD car under the influence of alcohol content of at least 0.158% while under the influence of alcohol from the front of the department store located in the Dong-gu Seoul Metropolitan City to the front road of the apartment complex, the river village located in the same Dong-dong-dong-dong to the river located in the same area.

2. On the date and time set forth in paragraph 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant driven the said new car by the Defendant’s front-hander XD car, and proceeded with three lanes for five lanes in front of the apartment complex located in the Gangseo-gu, dong-gu, Seoul Metropolitan City, Gyeonggi-do, with three lanes. As above, the Defendant, by negligence in the course of his duties, neglected to perform his duty at the front time while he was unable to drive normally under the influence of alcohol, thereby resulting in the Defendant’s injury to the victim D (48 aged)’s 7-on-hand-hand left-hander part of the said signal waiting vehicle in front of the Defendant’s car and sustained approximately two weeks treatment for the victim D, including salt and tension, which requires a two-day medical treatment for the victim’s passenger car in front of the said passenger car, and suffered from the victim’s injury to the victim’s 7-on-hand passenger car in front of the said vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. Investigation report on the actual condition of a traffic accident, notification of the results of crackdown on drinking driving, and statement of the circumstances of the driver who takes driving;

1. A medical certificate (F), a medical certificate (D);

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (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 reason for sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service is the amount of alcohol concentration in the blood of this case.

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