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(영문) 의정부지방법원 2018.01.10 2017고단3394
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. On June 16, 2017, the Defendant violated the Road Traffic Act (drinking) driving a car in C Ssprinking area under the influence of alcohol content of 0.199% while under the influence of alcohol, from the roads in front of an influence restaurant located in the fluence city of the Government of the Gyeonggi-do, to the roads in front of the Gyeonggi-si, the Government of the Gyeonggi-si, the Defendant driven a car in Csprinking area.

2. The Defendant is a person engaged in driving a vehicle in C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On June 16, 2017, around 04:05, the Defendant driven the said car while under the influence of alcohol, and led the front road B at the Government of Gyeonggi-do to go straight along the two-lanes from the new village to the court room.

Since there was a road with a private distance intersection, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the steering gear and brake system in advance.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front time under the influence of alcohol, and neglected to proceed as it is, and due to the negligence that led to the Defendant’s failure to drive in a normal condition under the influence of alcohol, and received the front part of the Defendant’s car as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving, the choice of imprisonment with prison labor, etc.);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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