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(영문) 의정부지방법원 고양지원 2018.09.20 2018고단1804
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. The Defendant is a person engaging in driving a rocketing vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 7, 2018, the Defendant, while under the influence of alcohol 0.172% during blood transfusions, was under the influence of alcohol 0.172%, and thus, was under the influence of normal operation, the Defendant was under the influence of the C’s front road of the station located in the C of Ilyang-gu, U.S., U.S. in the direction of the port direction in the direction of the port direction.

In such cases, the driver of the vehicle has a duty of care to safely change the lane after entering the upper right lane so that the driver does not obstruct the passage of the vehicle that has been under his/her direct control on the left side.

Nevertheless, under the influence of alcohol, the Defendant neglected to move in bypass, and caused a sudden change from the three-lane to the one-lane, and caused the Defendant’s YZF-R6 Oba in the operation of the Victim E (33 S) that was moving directly one-lane, to the left side of the Defendant’s vehicle.

Defendant 1 caused injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment, due to such negligence.

2. Violation of the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol by 0.172% at a distance of approximately 1.7 kilometers from the front of the game room located in the Dong-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the point of the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Photographs related to accidents;

1. A medical certificate;

1. Notification of the results of regulating drinking driving;

1. Application of the statutes governing circumstantial statement reports

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 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 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. Suspension of execution;

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