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(영문) 의정부지방법원 2016.11.25 2016고단4283
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 CK5 cars.

On September 21, 2016, the Defendant driven the said car under the influence of alcohol level of 0.124% on September 21, 2016, while under the influence of alcohol level of 00:0,00, and led to two-lanes along the two-lane roads of the Gayang-si, Namyang-si, Gyeonggi-do, along the boundary of the Namyang-si Police Station, from the northwest to the northwest.

At the time, there is a motor vehicle driving at night and at the front door, and thus, the driver of the motor vehicle is obliged to accurately operate the steering gear, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic situation of the road and the structure and performance of the motor vehicle, and there was a duty of care to make the driver of the motor vehicle to report the traffic situation well and to safely

Nevertheless, under the influence of alcohol, the Defendant: (a) discovered the E-EX car driven by the victim D (the age of 52) who stops ahead of the same direction due to negligence while neglecting it; and (b) operated the E-EX car late, but did not stop; (c) received the part of the damaged vehicle back to the front part of the said K5 car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim D, such as salt ties and tensions, and the victim F (31) who is the passenger of the damaged vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on traffic accidents and a report on actual condition;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act as to the crime under the corresponding provision of the Act.

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