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(영문) 의정부지방법원 2018.07.27 2018고단2383
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

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

The Defendant is a person who is engaged in the duty to drive CPoter II cargo vehicles.

1. On May 10, 2018, the Defendant: (a) driven the above cargo vehicle around 23:00 on the same day; and (b) driven the three-lane road in front of the southyang city along the two-lane road, following the two-lane road, the Defendant continued the road at the speed of about 30km from the area of the new church to the area of an elementary school open from the area of the new church at the speed of 30km.

At the time, the victim E was stopped in the traffic signal atmosphere, and in such a case, the driver of the vehicle has a duty of care to properly operate the brake system by properly operating the brake system while living well in the front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the brake system and received the back spread of the above passenger vehicle by the victim who was under the stop.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered from the injury of the trend and the climatic salt for about three weeks to the victim.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the above cargo vehicle while under the influence of alcohol leveling 0.13% from a 500-meter section from the front of H company located in G in Namyang-si, Namyang-si to the front of D in Namyang-si, Namyang-si, in the direction of approximately 500 meters of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a diagnosis of the victim;

1. A traffic accident report;

1. On-site map and photograph;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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