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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3807

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. 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 November 24, 2016, the Defendant driven the said car under the influence of alcohol level of 0.195% among blood transfusions on November 24, 2016, and continued to drive the said car under the influence of alcohol level of 0.195% on the middle-gu, Seoyang-gu, Seoyangyang-si, Goyangyang-si, and the long-distance of 78 Kink-si 2 to the center on the face of Kink-si.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the steering gear and brake system in a clear spirit and by safely operating the steering gear and the right and the right and the right of the driver.

Nevertheless, the Defendant, while neglecting this, has driven a victim C (36 years old) who was in the front of the signal waiting due to negligence while driving in a state where normal driving is difficult due to influence of drinking.

D This part of the back part of the car of this Do was received as the front part of the car of this Do.

Ultimately, while the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, which caused the Defendant to suffer from the injury of a hot spring in which there is no room for two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) in a manner under the influence of alcohol content concentration of about 0.195% in the 1km section from the front of the modern department store in the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Busan at the time and in a long range of about 1km to the shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking alcohol, and notification of the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes on site photographs and investigation reports (booms images);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.