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(영문) 의정부지방법원 2017.11.21 2017고단3278
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for nine 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 May 14, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B-low-income vehicle under the influence of alcohol content 0.191% in blood while driving a b-low-income vehicle in the influence of alcohol for about 2 km from the border of the Do government, which was located in peace-ro at the time of the Gyeonggi-do Government, to the 363-day, in the time of the Gyeonggi-do Government, from the roads of the Do government, to the March 14, 2017.

2. The defendant is a person who is engaged in driving a Brane car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 14, 2017, the Defendant driven the said car under the influence of alcohol as above, and led directly to a two-lane between the two-lanes, one of the two-lanes, from the border of the government, at the 363-lane of the Gyeonggi-do government, in the direction of the shot (YY) calendar calendar, which is located in the 363-ro of the Gyeonggi-do government.

At the front of the road, there was a crosswalk where the vehicle signal, etc. is installed, so the defendant engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as taking the front and rear left well, accurately operating the steering gear and brake system, and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected his duty at all times under the influence of alcohol so as to make it difficult to drive a car normally, and due to the negligence of proceeding on the vehicle signal red as it is, and the victim C (50 taxes, n, n, n) who was dried from the right side of the crosswalk to the left side, received the full part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as a pelvise, which requires approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a report on the circumstances of the driver at the main place, and on-site photographs;

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 (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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