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(영문) 의정부지방법원 2018.04.24 2018고단228
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

On September 20, 2017, the Defendant was under the influence of alcohol content of 0.197% during blood transfusions on September 14:35, 2017, and the Defendant was driving a Brando XG car and proceeding the front road in front of C in the southyang-si, an apartment located after the victim D (55 years old) was driving in front of the front road in front of C in the front side of the apartment located in the front door.

In this case, the driver of the vehicle has a duty of care to maintain the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant failed to properly operate the brakes while under the influence of alcohol, thereby running the Defendant’s car while driving the Defendant’s car. The Defendant received the back part of the Defendant’s passenger car in front of the passenger car.

Ultimately, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and the Defendant suffered an injury to the victim by negligence in the course of performing his/her duties that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Notification of the accident scene photographs and the results of regulating 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 (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the same kind of criminal records once, the degree of alcohol content is higher than 0.197%, and the occurrence of a traffic accident without being limited to a simple driving of alcohol: Provided, That there is no particular criminal record other than the one for the same kind of fine, the violation of the defendant, and the minor injury of the victim shall be taken into account;

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