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(영문) 의정부지방법원 2018.03.27 2017고단4119
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

The defendant is a person who is engaged in driving a car at Cluri.

On July 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.120% during blood transfusion around 20:05, and led to the driving of the said car in front of the Docheon-gun, Gyeonggi-gu, Gyeonggi-do (Seoul-do), to proceed with the front road of the Docheon-do, Gyeonggi-do (Seoul-do) in front of the Docheon-do, Gyeonggi-do.

At the same time, the driver of a motor vehicle has a duty of care to stop on the front side and in such cases, he/she has a duty of care to prevent accidents by putting the front side and accurately operating the operation and steering gear.

Nevertheless, the Defendant neglected this and caused the back part of the victim D(41) drive in order to measure drinking at the front of the vehicle in front of the Defendant’s driving by negligence, which led to a shock of the back part of the victim D(41) drive in order to measure drinking.

As a result, the Defendant suffered from the victim E (the victim E (the 38 years old), who is the passenger of the victimized vehicle, about two weeks of light fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluorals)

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual condition, notification of the results of regulating drinking driving, investigation report (report on the situation of driving at home), and hearing report on telephone statements;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 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. 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 Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, caused a traffic accident by drinking driving, and the alcohol concentration in blood at the time is not low.

However, the victims' injuries, the fact that the victims subscribed to comprehensive insurance, and the defendant committed the crime of this case.

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