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(영문) 의정부지방법원 2018.05.10 2017고단3552
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around May 19, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving B Lone Star Co., Ltd. (hereinafter “Aggravated Punishment, etc.”) and driven the roads in front of 500 meters of the high-level high-level cancer 24-3 amamamyp-ro 24-3 amypon-ro.

In such cases, the driver of a motor vehicle shall not drive a motor vehicle in a condition that it is difficult to drive the motor vehicle normally due to influence of drinking, and in particular, the driver has a duty of care to report access roads on an expressway with a centralized separation, and to prevent accidents due to the entry into the normal direction.

However, the Defendant was able to drive in a reverse direction while under the influence of alcohol while it is difficult for the Defendant to drive in a normal manner, and received the victim C's wing and cargo vehicles in the front direction of the Defendant.

Defendant 2 suffered injury, such as “fluor’s salt fluor,” which requires approximately two weeks’ medical treatment to the victim due to such occupational negligence.

2. On June 7, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on July 19, 2012, a summary order of KRW 6,00,000 as a fine was issued by the Jung-gu District Court on July 19, 2012.

On May 19, 2017, the Defendant driven a fluoring vehicle under the influence of alcohol content of about 0.171% from the 42-23rd Do to the 4.5m Do road in front of the Goam-si, Yangju-si, Yangju-si, the Defendant driven the fluoring vehicle under the influence of alcohol content of about 0.5m.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. Notice (A), report on the circumstances of the driver under the influence of alcohol (A), investigation report (report on the circumstances of the driver under the influence of alcohol);

1. A medical certificate and a medical treatment record;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

1. Criminal facts;

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