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(영문) 의정부지방법원 2017.04.26 2016고단4492
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three 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 B bargaining vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On August 21, 2016, the Defendant driven the above vehicle while under the influence of 0.218% around 19:25 on August 21, 2016, and driven the 26-lane road in front of the 26th association 1054 in Yangju-si, Yan-si, Yangju-si. The Defendant proceeded at a speed below the speed of the Si speed, depending on one lane from the luminous side.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, nor have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.218% in blood, was at the center line, who is difficult to drive normally while driving normally, was faced with the front left-hand left-hand side of the victim C(45 years old) driving in the signal waiting at the right-hand left-hand left-hand side of the Defendant’s driving vehicle.

The Defendant, due to such occupational negligence, suffered from the victim E (the victim E (the victim 61 years, women) who is the passenger of the victimized vehicle, the victim E (the victim 70 years of age) who requires approximately 4 weeks of treatment, the pleke in need of approximately 4 weeks of treatment, and the victim F (the victim f (the victim f0 years of age) who requires approximately 38 years of age, women) who need approximately 2 weeks of treatment, the fluoral felum feas, etc., and the victim G (the victim f (the victim f8 years of age, women) who needs approximately 2 weeks of treatment, respectively, with the fluoral feas, etc. of the victim H (8 years of age, women) who needs about 2 weeks of treatment.

2. On August 21, 2016, the Defendant driven the said B-learning car while under the influence of alcohol content of about 0.218% in a section of about 5km from the 194-lane to the 105-meter-on road from the 194-lane-si, Yangju-si to the 1054-on road.

b)a summary of the evidence;

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