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(영문) 의정부지방법원 고양지원 2018.04.05 2018고단380
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On December 30, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of 00:30% of alcohol content during blood transfusion, and 0.217% of alcohol content, the Defendant was driving a vehicle B i30 on the road in the future at the time of strike and proceeded into one-lane from the edge of the Stop household Corporation that operated one lane of missionary work.

At the time, the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle has a safe distance from the motor vehicle in front by reducing speed and accurately operating the steering gear and brakes in front of the motor vehicle operated by the victim C(68) in front of the defendant's vehicle. In such a case, the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle has a safe distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the signal while driving the vehicle, and the lower part of the said K3-car, which was in the atmosphere of the signal, was received as the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said i30 vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment, to the victim.

2. On December 30, 2017, the Defendant: (a) driven Bi30 vehicles under the influence of alcohol concentration of about 500 meters in a section of approximately 0.217% from the day before the day from the day from the day from the day from the day from the day before the day from the day from the day from the day from the day from the day from the day from the day from the day from the day from the day before the day from the day from the day from the day from the day from the day to the day from the day from the day from the day from the day from the day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

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

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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