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(영문) 의정부지방법원 2016.12.16 2016고단4861
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. 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 BM3

On October 16, 2016, at around 04:54, the Defendant driven the said car in a state where it is difficult to drive normally while under the influence of alcohol with 0.325% of alcohol concentration in blood, and led the Defendant to drive the said car toward the viewing of the two-lanes in front of the DNA oil station in both weeks C, depending on two-lanes in front of the two-lanes in both weeks.

Since there are many places where the passage of vehicles is frequent, the driver has a duty of care to safely drive the vehicle by checking well the right and the right of the driver.

Nevertheless, the Defendant’s negligence, while neglecting this, led to the Defendant’s negligence in driving, brought the back part of the victim E-A-A-Motor vehicle driven in the same direction as before the Defendant’s passenger car volume into the front part of the passenger vehicle volume.

Ultimately, the Defendant suffered injury to the victim E and the victim G, who is the passenger of the victimized vehicle, by negligence in the above business, for approximately two weeks of medical treatment, such as fluoral salt, etc., and the victim H, who is the passenger of the victimized vehicle, for approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (MM3 car driving) was driven by the Defendant in the state of alcohol of 0.325% of the blood alcohol concentration in the section of approximately 2 km from a cafeteria in the mutual influence of the act of movement at the same time and at the same time as specified in the above paragraph (1) to the front day of the Gyeonggi-do-si road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of G and H;

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

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

1. Each written diagnosis;

1. Application of statutes, such as site photographs;

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

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