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(영문) 의정부지방법원 고양지원 2017.05.12 2017고단698

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving duties of K5 cars.

On February 5, 2017, the Defendant driven the above vehicle while under the influence of alcohol of 0.118% during blood transfusion 04:25, while driving the vehicle, and proceeded at the speed of 60km per hour at the speed of 3 lanes from the original station to the high-speed viewing distance of 0.118%.

Since there is an intersection where signal lights are installed, the driver has a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where normal operation is difficult and due to the negligence of entering the intersection of the red signal in violation of the signal, was driven by the victim E (26 ) driving from the direction of the East Asian shopping on the same-sea side, with the upper part of the front part of the passenger car driving on the right side of the above K5 vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Investigation report (including investigation of black stay images and accompanying materials);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

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. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity (the confession and reflect of the defendant, the fact that the defendant's driver's vehicle is a member of the rentalcar mutual aid association, the degree of damage, and the suspension of execution of the defendant.