(영문) 의정부지방법원 고양지원 2019.01.11 2018고단2562

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2019.01.11 2018고단2562

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 B-ro car.

1. On August 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (the Defendant), while under the influence of alcohol with a blood alcohol concentration of 0.179%, 176-10%, was driving in the way of two lanes in front of the commercial intersection in the direction of the sexual harassment from C school to the side of the sexual harassment.

In such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle under the influence of drinking, and the driver of the motor vehicle has a duty of care to properly operate the steering wheel and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the safe operation of the steering wheel and the system.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and neglected to proceed as it was, and due to the negligence of the Defendant’s failure in driving before and after the Defendant’s driving of the EM3 vehicle, which was driven by the victim D while going in the front line of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in a state where normal driving is difficult due to influence of drinking for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) from a road in which it is impossible to identify a place below the monthly harassment in the case of a temporary warning as set forth in paragraph (1) of this Article at the same time, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 2 km from a road in which it is possible to identify a place lower than the monthly harassment in the case of a temporary warning as set forth in paragraph (1) of this Article to the road in front of a

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A medical certificate;

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

1. Relevant Articles of the Criminal Act and specific crimes for which punishment is chosen.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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