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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단3224
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. On December 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D & D Driving) driven a motor vehicle with a blood alcohol concentration of 0.173% while under the influence of alcohol concentration of 0.173% on blood on December 5, 2018, and led the D & D station front of the D & D station in Yongsan-gu Busan Metropolitan City to proceed to the sports complex on the side of the U.S. border along the one lane between four lanes.

At the time, at night, and on the two-lanes of the Defendant’s vehicle, the FST5 car driven by the victim E (the age of 27) was in progress, so in such a case, the driver had a duty of care to safely drive the car by properly operating the steering room and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the left side of the damaged vehicle in accordance with the two-lanes of the damaged vehicle due to negligence while driving on the vehicle.

As a result, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the said victim and the damaged vehicle G (27 years of age) who is the passenger, respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a B Sti-type car under the influence of alcohol with a maximum of 0.173% alcohol concentration from the 7km section from where it is impossible to identify the domicile of the temporary Kimpo-si, Kimpo-si as stated in paragraph (1) to the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A traffic accident report;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographs of the accident site, photographs of the accident vehicle, and video closure photographs;

1. The punishment, etc. of each of the specific crimes provided for in the relevant laws regarding criminal facts.

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