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(영문) 의정부지방법원 고양지원 2017.09.15 2017고단2353

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

1. On June 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) was driving a D S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

At that time, the Defendant, prior to the same direction, followed the F. F. car driven by the victim E (47 tax) in the same direction. In such a case, there was a duty of care to ensure safety distance by making sure that the person engaged in driving service is well aware of the situation and lowering the speed, and to secure the safety distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding as it is, and the Defendant was found to have received the rear part of the above car rental car standing in the signal atmosphere from the front side as Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as the breath and human salt in need of approximately two weeks of medical treatment, and the victim G(14) and the victim H(14) suffered injury, respectively, such as light dump, tension, etc. for two weeks of medical treatment.

2. On June 20, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of about 0.225% at a 1km section from the vicinity of the YMCA Training Center in the Dong-dong Pungdong-dong Pungdong-gu, Busan to the front road; (b) on June 20, 2017, the Defendant driven the said motor vehicle under the influence of alcohol content of about 0.225%.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each danger) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act