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(영문) 의정부지방법원 2018.10.10 2018고단2734
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 C-Scar.

1. On March 23, 2018, the Defendant driving a vehicle under the influence of alcohol with a maximum of 00 meters alcohol concentration of 0.135% at the section of approximately 200 meters from D before and before the road in the Yangju-si around the 22:09, a vehicle under the influence of alcohol.

2. The Defendant was driving the said vehicle under the influence of normal driving with 0.135% alcohol level as stated in the preceding paragraph at the above date, time, and place, and the Defendant was driving the said vehicle at the 0.135% of alcohol level from the F apartment room to the luminous side office, and was driving the said vehicle along one lane. The Defendant did not discover the victim B (or B, 36) crossing the crosswalk from the Defendant’s front bank due to the negligence of failing to properly operate the front-round city and the brake system due to the influence of drinking, and was found as they were in front of the left-hand side of the said high-hand vehicle and the gap.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the trend that requires about 10 weeks medical treatment, and the closure frame of the axis.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 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 each choice of imprisonment with prison labor;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) shall be the maximum term of two crimes.

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