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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단653
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2017, the Defendant was driving a DNA-type car under the influence of alcohol content of about 0.151% from the 10k section from the waton road front of the waton Sea area located in the Dongdong-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the front road of the Dong-gu, Seoyang-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a motor vehicle in the D Spanpo area.

On March 6, 2017, at around 02:30, the Defendant driven the said car in a state where it is difficult to drive it normally due to influence of drinking, as described in paragraph (1) of the same Article, and driven the said car at a speed of 3-lane 3-lane 3-lane 3-lane 3-lane 3-lane 3-lane in Seoul, Seoyang-gu, Seoyang-gu, Seoul.

At night, the Defendant was the victim E(28) driver’s vehicle driven ahead of the same vehicle line. As such, the Defendant had a duty of care to maintain the safety distance with the front vehicle and to prevent the accident from the accident by thoroughly maintaining the front vehicle at the front time.

Nevertheless, the Defendant neglected to do so and continued the above car-free vehicle by negligence, and received the back part of the car-free vehicle as the front part of the Defendant’s car.

As a result, the Defendant suffered injury, such as climatic spawn, which requires approximately two weeks of medical treatment by occupational negligence, to the victim while normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report, an investigation report on the results of crackdown on drinking driving, and a statement of the situation of the driver placed at driving;

1. Application of Acts and subordinate statutes of subparagraph (E) of an accident scene photograph and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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