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(영문) 의정부지방법원 고양지원 2018.05.17 2018고단591
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On February 6, 2018, the Defendant: (a) driven C Poter cargo under the influence of alcohol concentration of about 0.187% at the 1km section from the front of a mutually influent restaurant located in the Seoyang-gu Seoyang-gu, Seoyang-gu, Seoyang-gu to the front of the chemical post office located in 184 in the center of the same Gu to the chemical influence of about 1km.

2. The Defendant is a person who is engaged in driving of C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 6, 2018, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, as set forth in paragraph (1) of around 09:50, and led the front of the post office 184, the center of Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to proceed from the mountain to the Busan.

In this case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brake system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a stroke while in a difficult condition due to the influence of alcohol, was driven by the victim D (62 taxes) who was under the influence of the stroke, before the direction of the strokeing.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, in which approximately two weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries into the results of crackdown on driving alcohol, reports on the circumstances of the driver in charge, reports on investigation (report on the circumstances of the driver in charge of driving), requests for appraisal and response to requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and the aggravated punishment for specific crimes.

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