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(영문) 의정부지방법원 고양지원 2018.06.26 2018고단959
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 of B rocketing cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On March 24, 2018, the Defendant driven the said car under the influence of alcohol level of 0.172% from blood alcohol level around 18:00, while driving the said car at the speed of 0.172%, and subsequently driving the said car at the speed of 876 Sinyang-gu, Seoyang-gu, Goyang-gu along the speed of 876 Sinyang-gu, Seoul, along the boundary of the area of the city, along the three-lane between the two-lanes.

In such cases, a person engaged in driving duty has a duty of care to safely drive by checking the left and right well.

Nevertheless, under the influence of alcohol, the Defendant’s negligence of driving a motor vehicle while driving the motor vehicle in a difficult condition to drive the motor vehicle, caused the victim C (the 59-year-old driver’s license)’s low-class driver’s license while waiting for the signal in front of the Defendant’s vehicle, and led the Defendant to the front part of the Defendant’s vehicle.

After all, the Defendant suffered injury, such as salt, tension, etc., in each of the following cases, to the victim E (60) who suffered from the victim C and the passenger by the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven the said rocketing vehicle under the influence of alcohol by 0.172% at the same time and at the same place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a black stuffs image fluor photograph;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of subparagraph (C) and (E);

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. Order to attend lectures under the Criminal Act;

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