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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단289
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a motor vehicle B that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 5, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161% among blood transfusions on January 5, 2017, and led to the driving of the said car to Lone Star-gu, U.S., U.S. C., U.S. from the side of the Jeju Island.

In this case, a driver engaged in driving service has a duty of care to reduce speed and accurately manipulate the steering gear and brake system while complying with the lane, and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty of care while driving in a state where normal driving is difficult, and was driven by the injured party D (36 cm) who was drinking in the opposite lane of the Defendant’s vehicle due to the negligence committed in the center line, and received the front wheel part of the Defendant’s vehicle as the front wheel part.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above-mentioned occupational negligence, which caused approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) driving a spke vehicle under the influence of alcohol by the Defendant from approximately 50 meters away from the date and time set forth in paragraph (1) of this Article and from the front day of the Goyang Employment Center located in the Goyang-gu, Goyang-si, Manyang-si to the front day of the Goyang-si, Manyang-si, Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. To inquire into the actual condition survey report, traffic accident occurrence report, the circumstantial report of the driver involved in driving, and the results of crackdown on drinking and to apply Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act, respectively.

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