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(영문) 의정부지방법원 2019.03.27 2018고단3969
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 two years 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 B i30.

1. On May 20, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said car under the influence of alcohol concentration of 0.235% on blood on May 20, 2018, and driving the said car into E from the border of the East Ducheon Central Station.

Since there has been a center line of yellow-ray, there was a duty of care to prevent accidents in advance by driving safely, such as making a person engaged in driving of a motor vehicle to live well with the traffic situation, keeping the steering gear and operating the steering system accurately.

Nevertheless, the Defendant, while under the influence of alcohol content 0.235%, was driven in such a state that it is difficult to drive under normal conditions as a red, stringing, walking, etc., and was driven by the victim F (e.g., the age of 53) who was normally driven by the central line due to negligence, and was driven by the Defendant as the front left-hand part of the GW car driven by the Defendant, and the rear part was driven by the Defendant as the front-hand part of the said 130 vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim H (V, 13 years old), such as a spaw spaw spaw spaw spaw spaw spaw spaw spaw spaw spaw spaw spaw spas that need to be treated for about two weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.235% at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning F;

1. A written diagnosis of victims;

1. Application of Acts and subordinate statutes concerning actual condition survey reports, reports on occurrence, reports on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, field photographs, crime preventionct materials;

1. Criminal facts;

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