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(영문) 의정부지방법원 2017.09.20 2017고단2733
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving) and engages in driving of a vehicle B.

On June 12, 2017, at around 06:50, the Defendant driven the said car while under the influence of alcohol content of 0.201% in blood on the roads near the 362 luxter located in the Hocheon-si, Eup, Myeon-dong, the north of the Mancheon-si, and proceeded along the two-lanes in the direction of the Government in the direction of the Pocheon-do.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, as seen above, was driving in a state where it is difficult for the Defendant to drive the vehicle at a normal level, such as a rhythm of the horse by drinking and driving the horse. The Defendant received the victim’s D driving part of the lower right side of the vehicle, which was driven earlier, as the front part of the left side of the said vehicle, and suffered approximately two weeks of light and tension injury to the victim.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant, while under the influence of alcohol with 0.201% of alcohol during the city-to-day alcohol during the day specified in paragraph (1), on the front of the commercial cafeteria in front of the said accident at the place where the said accident occurred. A vehicle was driven by approximately 3.4km B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. C's written statement related to traffic accidents;

1. Report on the occurrence of a traffic accident;

1. Field map of a traffic accident;

1. A traffic accident report;

1. Photographs and on-site photographs of the vehicle;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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