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(영문) 의정부지방법원 2018.04.13 2017고단4793

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a motor vehicle with soflurged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 4, 2017, the Defendant driven the said car under the influence of alcohol content of 0.105% in blood around 19:30 on August 4, 2017, and proceeded at a speed of about 50km in speed from the side of the off-dong apartment to the parallel of the D cafeteria located in Namyang-si, Namyang-si.

At the same time, the Defendant was behind the F.M. car driven by E (W. 40 years old) in the same direction, and thus, the Defendant was obliged to take a duty of care in advance to prevent accidents, such as: (a) a person engaged in driving of a motor vehicle is well aware of the situation; and (b) a person engaged in driving a motor vehicle has a duty of care to ensure a sufficient safety distance to avoid the accident when the said motor vehicle stops at a speed.

Nevertheless, in a situation where normal driving is difficult due to the influence of drinking, such as the failure to keep red light at the inside of the inside of the inside, without being able to walk and walk, it was found late to reduce the speed of driving by negligence in close close to the above the above theme, and the above theme took a sudden operation measure, but it was not stopped, and the part of the front part of the motor vehicle of the above part of the motor vehicle of the defendant driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as climatic salt, etc., which requires a two-day medical treatment for the victim E, and suffered from the injury of the victim G (V, 34 years old) who was on board the said test for about two-day medical treatment.

2. On August 4, 2017, the Defendant violated the Road Traffic Act (drinking) on the road traffic law. From the roads adjacent to the I private letter located at H of Namyang-si around 19:30 on August 4, 2017 to the roads prior to the D cafeteria located in C of Namyang-si.