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(영문) 의정부지방법원 2017.09.21 2017고단2143
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2017, the Defendant driven CM5 vehicles under the influence of alcohol content of about 0.239% in blood while under the influence of alcohol at about 1.5 km on the front of the even galian-ro 732-7, Jin-si, Jin-si, Jin-si, the Government-si, Jin-si, the even galian-si, 732-7, in front of the Gin-si, the Defendant driven the CM5 vehicle under the influence of alcohol content of about 1.5 meters in front of the road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant driven the above car on the date specified in paragraph 1, and led the Defendant to proceed with the three-lane road of 249 Geum-do 402 (Seoul High School) in the front direction of the Ji-si-si Do 402 (Seoul High School) along the two-lanes from the front direction of the Song High School.

At the time of night, the signals were installed, so in front of the crosswalk where the signal lights were installed, so in such a case, there was a duty of care to properly operate the brake system and safely drive it in accordance with the new code by making the driver of the vehicle well look at the front.

The Defendant neglected this and was negligent in failing to properly operate the operating system under the circumstances where normal driving is difficult due to the influence of alcohol as set forth in paragraph 1, and received the back of the victim D driving EV car in the front of the said SM5 car.

The Defendant, by such occupational negligence, suffered injury to the victim D, on the boness and tensions of verteas in need of approximately two weeks of treatment, and on the victim F, who was on the No.N. car, approximately two weeks of treatment. In addition, the Defendant suffered injury to the victim F, who was on board the No.N. car, at around two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Report on the occurrence of a traffic accident, brief map and on-site photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Request for appraisal or response to a request for appraisal;

1. Investigation report (verification of drinking distance);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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