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(영문) 의정부지방법원 2017.11.09 2017고단3357
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not less than eight 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 June 17, 2017, the Defendant: (a) around 04:25, the Defendant driven a car with Cmari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. Around June 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with the horses set at C, while under the influence of alcohol, and passed the intersection of a water shooting distance of 93 to the intersection of a water shooting distance from the surface of the erode of the shooting distance at the erode of the erode of the city, Gangnam-gu, Seoul.

Since there is a long distance crossing, the defendant engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering gear and brakes, such as making the front and rear left and right well, and accurately operating the steering gear and brakes.

However, the Defendant neglected to do so and neglected to perform his duties at the front time while it is difficult to drive in a normal condition under the influence of alcohol, and proceeded with the said vehicle on the opposite lane. On the first line of the opposite lane, the full part of the EMW f80GS vehicle for the victim D (Y 32 years old) driving, which was waiting for the signal at the first line of the opposite lane, was received as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as a chest pressure table (T8 frameworks), which requires approximately 12 weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. Reports on traffic accidents, and related photographs;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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