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(영문) 의정부지방법원 2016.12.22 2016고단3226

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

The defendant is a driver of the CM5 vehicle.

1. On August 3, 2016, the Defendant driven the said car under the influence of alcohol with approximately 0.247% of the blood alcohol concentration from the 9k section to the front road of the 16-distance Scam village apartment complex, which is located in 392, from the front road of the chill road located in the Howon-dong, Jungwon-si, the Government-si, the government-si, to the front road of the 392-distance complex.

2. On August 3, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol as set forth in paragraph (1) of the same Article, and 4-lanes in front of the 16-distance Scamin apartment complex 392, Jinju-ro, Gin-ro, Gin-ro, Gin-ro, Gin-ro, Gin-ro, Gin-ro, 392, along the said one-lanes.

At all times, there is an intersection where signal lights are installed, so the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the signal, such as accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to do so and is driving in the atmosphere of the vehicle stop signal while it is difficult to drive the vehicle normally due to the foregoing being under the influence of alcohol.

The front part of the E bus driven by the victim D (the age of 58, the remaining) who was stopped by the vehicle stop signal in the opposite direction due to the negligence in the course of the business, without properly undergoing the operation device, etc., which was in violation of the signal, was driven by the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered from the Defendant’s satisfyal satum, which requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. A traffic accident report, an accident vehicle, and on-site photographs;

1. A report on the status of a drinking driver, and a report on the status of a drinking practice;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;