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(영문) 의정부지방법원 2017.12.20 2017고단4057
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 a period of two years 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 body car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 22, 2017, at around 00:20, the Defendant driven the said car with alcohol concentration of 0.185% in front of the blood on the southyang-si, Namyang-si, Seoul, along the two-lanes between the two-lanes on the same parallel.

A person engaged in driving service shall not drive under the influence of alcohol, have a duty of care to prevent accidents in advance by returning well the front door, maintaining a safe distance, and accurately manipulating steering and brakes.

Nevertheless, the Defendant, as seen above, driven in a state where it is difficult to drive normally, such as a string, a string, red, and walking condition. The Defendant found the victim’s wing wing truck in the signal waiting in the front direction late at the latest, discovered the victim’s wing wing winging truck in the signal waiting in the front direction, and subsequently suffered injury to the victim, such as the wing wing wing wings and tensions, which require approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with approximately KRW 300 square meters at the front of a sobrying restaurant in the south-gu Eup/Myeonnsan-si, Namyang-si, Namyang-si, under the influence of alcohol content 0.185% among the blood transfusions at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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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