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(영문) 의정부지방법원 2017.09.26 2017고단1322

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. The Defendant is a person who is engaged in driving a vehicle B and III in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 4, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.164% during blood transfusion around 19:40 on March 4, 2017, and driven the front road of the C in the direction of Seoul around the southyang-si.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by returning the embankment well and maintaining the safety distance.

Nevertheless, the Defendant, while driving a vehicle under the influence of alcohol due to the difficulty of normal driving as seen above, did not seem to stop in the atmosphere of the victim D(42 Do) driving, and followed by the Defendant, he suffered injury to the victim D, such as salt, tension, etc., of the chill that requires approximately two weeks of treatment to the victim D, and to the victim F (F (V, 40 years of age) and the victim G (14 years of age), respectively, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with approximately 50 meters a volume B and KRW 3, while under the influence of alcohol at approximately 0.164% in blood on the road near the point where the accident occurred at the time specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of a survey report on actual conditions and the results 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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of the recommended sentence) of the suspended sentence shall be the type of general traffic accident (the injury caused by traffic accidents).