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(영문) 의정부지방법원 2017.08.23 2016고단2975
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

On September 11, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking) at the Chuncheon District Court on September 11, 2007. On July 4, 2014, the Defendant was sentenced to a fine of one million won for the same crime.

The defendant is a person who is engaged in driving 50cc or a part of 50cc.

On September 27, 2015, while under the influence of alcohol level 0.195% from blood alcohol level, the Defendant driven the above Oba, without a motor device license, and led the Defendant to turn to the left at the right edge of the Pyeong-gun, Gyeonggi-gu Sagu, Gyeonggi-gu, to turn to the left.

At the same time, the left-hand turn is a private-distance intersection that allows the left-hand turn, and there was a vehicle that is directly engaged in the front line, so in such a case, the driver had a duty of care to safely drive the front line signals and prevent the accident by driving it safely.

Nevertheless, the defendant was driven by the victim B(59)(S) who was under the influence of alcohol and was under the influence of the left at the left without any negligence.

C The upper part of the upper right part of the vehicle was the front part of the vehicle.

As a result, the Defendant driven an Oral boom in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim and the fluor D (the age of 53) with respect to the fluoral finite, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. On-site photographs;

1. Reports on the occurrence of traffic accidents;

1. Each traffic accident statement;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the result of crackdown on driving drinking;

1. Registers of driver's licenses (21 pages);

1. Each written diagnosis;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of driving the same kind of drinking alcohol);

1. Relevant provisions of the Act concerning facts constituting an offense;

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