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(영문) 의정부지방법원 2017.12.01 2017고단3893
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 17, 2017, the Defendant driven B Poter Cargo Vehicles with alcohol content of 0.276% in alcohol around 17:00 and 0.276% in blood and continued to drive ahead of C in the southyang-si, South-si, the front of the road was driving one lane out of three-lanes of drinking AlleyIC distance in the direction.

At the time, the Defendant was driving along the EM3 car driven by the victim D(43). In such a case, the Defendant has a duty of care to safely operate the vehicle by accurately manipulating the steering gear and operating the steering gear of the vehicle, maintaining a sufficient safety distance with the front vehicle.

Nevertheless, the Defendant, under the influence of alcohol, has been able to take up the back part of the back part of the Defendant’s cargo vehicle in front of the Defendant’s cargo vehicle in front of the instant SM3 passenger vehicle, waiting for and stopping the above SM3 passenger vehicle, and due to its shock, he had the victim F.(43) in front of the vehicle in front of the vehicle in front of the vehicle in front.

Ultimately, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and by negligence, caused the victim D and the victim H (12 tax) and the victim I (42 years old) who flicked on the said motor vehicle by negligence in the course of performing the above duties to inflict bodily injury, such as clocks, tensions, and tensions, which require two-day medical treatment, respectively, and suffered bodily injury on the victim F, such as clocks and tensions that require two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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