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(영문) 의정부지방법원 고양지원 2017.12.01 2017고단2794

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving of benz motor vehicles.

1. On August 15, 2017, the Defendant violated the Road Traffic Act (drinking) driving a motor vehicle of approximately 800 meters on the front road of an apartment, as long as he/she is in the influence of alcohol content of 0.296% at around 07:15, while under the influence of alcohol content of around 07:296% at around 37, in the influence of alcohol, and was driving a motor vehicle of approximately 800 meters on the front road of the apartment.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven by the above benz motor vehicle in a state where normal driving is difficult due to the influence of alcohol as stated in paragraph (1) and led the Defendant to drive the above benz motor vehicle at the speed of about 30km per hour from the distance from the 91-lane road adjacent to the above fenz.

At the time, there was a road where the central line of yellow solid lines was installed, so there was a duty of care to prevent accidents by driving a motor vehicle safely by driving the motor vehicle in a safe way without breaking the central line, and driving the motor vehicle with the duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not live well before the center line, and followed the front part of the DNp motor vehicle operated by the victim C(S 54 years old) with the front part of the DNp motor vehicle.

Ultimately, the Defendant driven the benz motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., in need of approximately two weeks medical treatment to the said victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Statement on the circumstances of the driver involved, response to a request for appraisal, and report on the detection of the driver involved;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking and imprisonment with prison labor) concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44-2 (1) of the same Act;