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(영문) 의정부지방법원 2016.10.28 2016고단3445
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:10 on July 21, 2016, the Defendant was driving a CK5 car under the influence of alcohol content of about 2 km from the third public parking lot of the Rink 3 located in the Dong-dong-dong, Yongsan-gu, Yongsan-gu to the eart distance road located in the same Dong-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving CK5 cars.

On July 21, 2016, at around 05:10, the Defendant driven the said car while under the influence of alcohol and proceeded ahead of the e-mail of the e-mail, which is in the port of the Dong-gu, Seoyang-gu, Mannyang-si.

In such cases, 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 drinking, and there was a duty of care to prevent accidents in advance by safely driving pursuant to the new subparagraph.

Nevertheless, the Defendant neglected this and went under the influence of alcohol so as to make it difficult for the Defendant to drive a car in a state of difficulty in normal operation, and due to the negligence of driving the car in violation of the signal, and thereby driving the car on the left-hand side by the victim D(58 years old) driving from the right-hand side in accordance with the signal, received the part on the left-hand side of the car in front-hand part of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the actual status of traffic accidents and the results of drinking control;

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, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, the applicable provision of the relevant Act concerning the crime, the provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment, respectively;

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