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(영문) 의정부지방법원 2017.04.21 2016고단5551

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 15, 2007, the Defendant was sentenced to a summary order of a fine of five million won for a crime, such as violation of road traffic laws, at the Jung-gu District Court, and on November 28, 2013, the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution.

[Criminal facts]

1. The Defendant is a person who is engaged in the operation of Done Star Vehicles in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 1, 2016, the Defendant driven the above vehicle at around 05:40 on December 1, 2016, and made a left turn to the left at the entrance of the Yeong-ri Village at the Namyang-ri-ri-ri-ri-ri-ri-ri-ri-si.

At the time, the location is a three-distance intersection where signal lights are installed, so in such cases, the driver of the motor vehicle is prohibited from driving the motor vehicle while normal driving is difficult due to influence of drinking, and the driver of the motor vehicle has a duty of care to properly monitor the traffic situation and accurately manipulate the steering direction, brake system, etc. and to properly observe the signal and prevent the accident due to smoke.

Nevertheless, the Defendant, while neglecting this and driving in a state where normal operation is difficult, has been driven by the victim E (60) (3) who was directly engaged in green signals from the inside side of the right-hand side to the right-hand side of the Cheong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-rily

FMHA car has been shocked by the front part on the right side of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim E, such as salt, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) is under the influence of alcohol by the Defendant from the Defendant’s house located in G in Namyang-si, Namyang-si, Namyang-si, Namyang-si, through the front Schlage of the school to the place of the said accident. The Defendant is under the influence of alcohol by 0.163% in blood alcohol concentration from around 1 kilometer to around 0.163%.