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(영문) 의정부지방법원 2017.07.12 2017고단1566

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:40 on February 15, 2017, the Defendant: (a) driven a vehicle while under the influence of alcohol by 0.138% of alcohol concentration in the blood, and driving the vehicle, from the front side of the fluence car in the fluence-dong, Gangdong-gu Seoul Metropolitan Government, to the front side of the fluence-dong in the Guri-si, other than Seoul Metropolitan City, under the influence of alcohol level of about 30km.

2. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) and engages in driving a motor vehicle by obtaining a franchise.

On February 15, 2017, the Defendant driven the said car under the influence of alcohol, such as the preceding paragraph at around 04:40 on February 15, 2017, and led the Defendant to the front of the road outside the city of Guri-si, Seoul, the Southern-si, the Southern-si et al., to the Guri-si from the Guri-si.

Since there was a road where vehicle traffic was frequent, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making the front and rear left and right well, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front time while under the influence of alcohol, and neglected to do so, and received the part of the front part of the Defendant’s car as the front part of the Defendant’s car by driving D(43) of the victim C(S) who was waiting to pay the marina fee due to negligence in driving.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Accident scene and vehicle photographs;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act concerning facts constituting an offense;