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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3890
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. The Defendant is a person who is engaged in driving a vehicle BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 24, 2017, the Defendant driven the said car under the influence of alcohol level of 0.139% from blood alcohol level around 06:45 on November 24, 2017, and continued three-lanes in front of the original station located in 1436 at the height of Seoyang-gu, Seoyang-gu, Seoyang-gu.

At the same time, there was a passenger car in a stop in accordance with the signals at the time, so there was a duty of care to operate the steering system and operation system accurately by accurately operating the steering system and operation system while living well at the front and left.

Nevertheless, the Defendant neglected this and got off the part of the victim C(31) driver's d'burged vehicle, which was in the atmosphere of the signal at the front section of the vehicle driven under the influence of alcohol, following the driver's d's d'burged vehicle, which was in the front section of the above K3 car.

As a result, the Defendant driven the said K3 vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury such as salt, tension, etc. by driving the said K3 vehicle for about two weeks.

2. On the day specified in paragraph 1 above, Defendant 1 driven B 3 automobiles under the influence of alcohol content 0.139% in the 1.5km section from the Hanyang-dong, Goyang-gu, Goyang-gu to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the reports on traffic accidents, reports on the circumstances of drivers driving, and inquiries about the results of regulating drinking driving;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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