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(영문) 의정부지방법원 고양지원 2019.04.26 2019고단216
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B4 directorship car.

On December 25, 2018, the Defendant driven the said car while under the influence of alcohol 0.251% of blood alcohol level around 12:50 on December 25, 2018, and led to the driving of the said car in front of the three-lane C apartment distance from the on-site side of Pakistan to the gold village.

At the time, the vehicle of the defendant was driven by the victim D(n, 44 years old) in front of the vehicle, and thus, in such a case, the driver had a duty of care to maintain the safety distance with the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle and to prevent the accident

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded as it is, led to the lower part of the front part of the Defendant’s vehicle, which was parked in the signal line.

As a result, the Defendant driven the said G4 U.S. car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc., by driving the said G4 U.S. car for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a BG4 U.S. car at the section of about 600 meters, while under the influence of alcohol by 0.251%, from the section of about 600 meters to the place described in Paragraph 1, at the time of the temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

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 as to the crime and Article 141 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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