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(영문) 의정부지방법원 2016.11.25 2016고단3410
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

1. On June 8, 2016, the Defendant: (a) driven a vehicle with Ching alcohol content of about 0.215% in the 3km section from the construction site of the Medical Insurance Corporation located in the Geum-dong, Kui-si to the front road of the Goi-gu Medical Center located in the same city interest line 142; (b) around 21:15, the Defendant driven a vehicle with Ching alcohol content of about 3km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a C low

On June 8, 2016, the Defendant driven the said car under the influence of alcohol, as set forth in Paragraph 1, while driving it on June 8, 2016, and proceeded ahead of the roads of the medical staff of the Medical Center, which are located on the line 142 for the interest of the Government, to the police station from the jurisdiction of the Government.

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 alcohol, and there was a duty of care to prevent accidents by safely driving the motor vehicle, such as making a good report on the situation of anti-traffic, accurately manipulating steering devices, etc.

Nevertheless, the Defendant neglected this and was driven by the victim D (year 45) who was under the influence of traffic signal at the front section of the vehicle due to negligence while driving a vehicle in which normal driving is difficult due to the foregoing negligence, and was driven by the Defendant as the front part of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light or distribution salt, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An actual survey report and a report on the occurrence of a traffic accident;

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

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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime

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