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(영문) 의정부지방법원 2017.05.16 2016고단5261

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B-learning car around 23:28, and led the Defendant to proceed along three-lanes from the side of the deaf-do along the distance of 710 Jinan-do, Gyeongyang-si, the 710 Snyang-si, the south-do, at the southyang-do, along three-lanes.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.

Nevertheless, the Defendant is negligent in driving under the influence of alcohol while making it difficult for the Defendant to drive the vehicle in normal condition, and is driving the victim C (54 tax) who was standing in front of the Defendant’s front signal waiting, with the front part of the Defendant’s car, and was on the fourth-lane side of the Defendant’s car.

E was shocked by a F bus driven by E.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as salt, tension, etc. of the entire species of light that require approximately two weeks medical treatment.

2. On November 18, 2016, the Defendant violated the Road Traffic Act (drinking) operated a B-learning car under the influence of alcohol content of about 0.113% from the 1km section from the front of the ice ice Gag Factory located in the Don Farming-dong, Donyang-si, to the place of the accident described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, on-site photographs, and notification of the results of crackdown on driving drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.