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(영문) 의정부지방법원 2016.12.22 2016고단3498

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On June 12, 2016, at around 01:17, the Defendant driven a motor vehicle from the blood alcohol concentration of 0.124% in front of the C building in Yangyang-si with a view to normal driving due to the difficulty of driving at a 0.124%, and driven the motor vehicle from the two lanes of the five-lane road in the Hoi-IC direction on the erobbbbs.

At the same time, a person engaged in driving a motor vehicle who is driving a motor vehicle with the left-hand turn in the same direction as a signal signal has a duty of care to ensure the safety of the course by checking well the front side of the course, secure the necessary distance to avoid the collision with the front vehicle, and prevent the accidents, such as accurately manipulating the operation and steering gear, etc.

Nevertheless, the defendant neglected to do so and proceeds in the Jeonju-si.

Before the same direction, the victim D(31 years of age, n) who is in the atmosphere of the right turn turn turn turn turn turn lurged the E-I-Wn-Wn-Wn car driven

As a result, the Defendant caused the above victims and his passengers F (the age of 36) to suffer injuries, such as salt, tensions, etc. in need of treatment for about two weeks, respectively, by negligence on the part of the Defendant.

2. The Defendant violated the Road Traffic Act (driving) in a section of about 200 meters from the road in front of the U.S. Geumyang-dong, Kimyang-si, Seoul Metropolitan City, to the front day of the Pyeong-dong, Pyeongyang-dong, the Defendant was driving B Abburged with the blood alcohol concentration of about 0.124%, while under the influence of alcohol at around 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. The actual condition survey report and photographs of the accident site;

1. Report on detection of a host driver, and report on the status of a host driver;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and the Road Traffic Act concerning the crime as provided in the corresponding Act.