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(영문) 의정부지방법원 2018.12.21 2017고단5347
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a freight vehicle B 9.5 tons in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 14, 2017, the Defendant driven the above vehicle while under the influence of alcohol concentration of 0.197% in the blood at the Tri-distance Intersection C in Yangju-si on September 14, 2017, and proceeded with the dial dives of virtue from the dives of provisional payment.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by complying with signals.

Nevertheless, as seen above, Defendant 1 driven while driving in a state where normal driving is difficult, such as a red and rhythm with a drhym with a drhym with a drhym, and drhym without a red signal. Defendant 1 left the left at the hym of the maduk-do drhym

D Lastren car was caused by the injury of the victim E, who is the driver of the said car, about two weeks of light clock, etc., and the victim F, who is the passenger of the said car, suffered approximately two weeks of light clock, tension, etc., respectively.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle with approximately 2 km amount to the point near the said accident on the road in the vicinity of the breath of the breath of the breath of both sides while under the influence of alcohol content of 0.197% in the light of the day as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Statement hearing report;

1. On-site map;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. The former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018) concerning the crime (wholly amended by Act No. 15981, Feb. 14, 208) and Article 148-2 of the Road Traffic Act concerning the crime.

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