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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단1105
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four 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

1. On April 8, 2017, the Defendant: (a) driven C-5 car while under the influence of alcohol content of 0.145% in blood on the front of the Seoyang-gu B commercial building in Gyeyang-gu, Seoyang-gu; (b) on April 8, 2017, at around 06:00, the Defendant driven C-5 car.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) operated the said car at the time of the day as described in the above paragraph (1) and led the three-lane front of the said B commercial building to the seat of the bus terminal at the seat of the chemical high school, leading the three-lanes in front of the said B commercial building to the seat of the bus terminal at the seat of the chemical high school, making the left turn to the left.

Since there is a signal apparatus installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with the signals of the front side.

Under the influence of alcohol as above, the Defendant entered the intersection by violating the signal of the front side, and left-hand turn while walking is difficult to drive normally, such as influorous and snow shocking, thereby causing bodily injury, such as dynasium and tension, etc., of the victim D(47 tax) for the victim’s string of the high-sea police station in the Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongyang-gu Cheongyang-gu Gyeong-gu Gyeong-gu Gyeong-gu Gyeong-gu Ka, and the victim suffered approximately 2 weeks of the victim’s car after receiving the front side of the Defendant’s car

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, a notice of the results of crackdown on drinking driving, and a statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes (D);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act and Article 148-2 (2) 2 of the Road Traffic Act, and 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. Article 62 of the Criminal Act:

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