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(영문) 의정부지방법원 2017.11.14 2017고단3359
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car in B.

1. On May 31, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.178% from the road front of the “high-term warehouse,” located in the New Gamcheon-gu, Gyeong-gu, Gyeong-gu, Gyeonggi-do, to the front road, with approximately 4km to the day before C.

2. Defendant 1 driven the said car under the influence of alcohol at the time of the above day while driving the said car at the same time, and led the said road C to a non-fluorous speed from the new tent to the flood protection.

At the time, since the road was at night and there was a sloped below, there was a duty of care to make a person engaged in driving service with a duty of care to accurately manipulate the traffic situation of the front left left right and right right and right, and to proceed along with the road.

Nevertheless, even if he neglected this, he was so drunk that he could not memory the situation at the time of the accident and was unable to properly operate the steering gear, he was off the road and down to the side below the road.

Ultimately, the Defendant was driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and the Defendant was boarding the car.

D (n, 21 years of age) suffered injury such as salt, tension, etc. of the bones of wood, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, notification of the results of crackdown on drinking, and a photograph of the accident site;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, 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. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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