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(영문) 의정부지방법원 고양지원 2018.06.15 2018고단961
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 28, 2018, the Defendant driven the above cargo while under the influence of alcohol 0.109% during blood transfusions, and continued to drive the cargo at a level of alcohol 0.109%, which is located in Soyang-gu C, Youngyang-gu, Goyang-gu, and the front distance of “D cafeteria” from the Schlage to the direction of the sloping.

In this case, a person engaged in driving service has a duty of care to live well on the right and the right and the right and duty of care to safely circumvent the right and the right and duty of care.

Nevertheless, the Defendant, under the influence of alcohol, tried to turn to the left at the opposite direction due to the negligence of bypassing beyond the center line of the road that is to enter the road where normal driving is difficult due to the influence of alcohol, was shocked by the Defendant’s above-mentioned part on the left side of the FKaren car of the victim E(53) driving.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt ties, tensions, etc., in need of approximately two weeks of treatment on the part of the victim E, on the part of the victim G (V, 54 years of age) who was on board the victim E, with approximately two weeks of treatment on the part of the victim E.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B Poter cargo while under the influence of alcohol 0.109% in blood at the same time, place, and at the same time and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to each traffic accident in E and G;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (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 penalty;

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