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(영문) 의정부지방법원 2017.02.10 2016고단4731
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around October 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) driven a two-lane road in front of the 6-lane 06% alcohol level while under the influence of alcohol level of 0.166% in front of the 28-10-10 north-ro in Yangju-si, Yangju-si, Yang-do, and proceeded into a sublim bank.

On the other hand, there is a vehicle that stops in order to circumvent the right side, so in such a case, the driver of the vehicle has a duty of care to maintain the safety distance with the front vehicle and properly manipulate the brake system and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and found that the DPoter II, which was driven by the Defendant, was stopped in order to turn off the vehicle to the accident site, was immediately discovered, and that the front part of the Defendant’s vehicle fell short of the part of the Defendant’s vehicle behind the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a 9-day cage cages at the left-hand level, which requires approximately 4 weeks of medical treatment to the victim C, and the victim E (the 59-day cages), who was on the top of the above cargo vehicle, suffered injury, such as cage dump dump, etc. for about 2 weeks of medical treatment.

2. Defendant 1 driven a new-low XG car under the influence of alcohol 0.166% in the blood alcohol level from the 23 additional high-speed Do-ro 23 additional high-speed Do-ro to the place of Paragraph 1 in the city of Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, the city of which was the same as the above 1st day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating drinking driving;

1.Each.

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