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(영문) 의정부지방법원 2018.06.29 2018고단1890
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in driving a motor vehicle B.

On January 16, 2018, the Defendant driven the above car at around 00:05, and proceeded with the three-lane road in front C at the time of Yangyang-si, along the two-lanes, at the time of Jinyang-si.

At night, there was a duty of care to safely drive a motor vehicle along the lane by properly operating steering the steering gear and brake system for the person engaged in driving of the motor vehicle.

Nevertheless, the defendant neglected this and knew that a large face is red, and a little big distance is under the influence of alcohol to the extent that it does not properly operate the steering gear and brakes, leaving the lane by negligence, which was installed on the right side, and received the street installed on the sidewalk.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D by the passenger, such as a right-hand bed and a non-drashing so that it needs to be treated for about six weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a car as stated in the “1” clause in the date and place of “1” entry, while under the influence of alcohol 0.129% in blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Report on the circumstances of driving a drinking, notification of the results of regulating drinking driving, and inquiry into the results of regulating drinking driving;

1. A medical certificate;

1. Application of accident scene photographs and statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing injury to the driving of danger), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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