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(영문) 의정부지방법원 2017.10.18 2017고단3154
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 24, 2017, the Defendant: (a) driven a car in B observer with approximately 100 meters alcohol content 0.219% under the influence of alcohol while under the influence of alcohol, from the front of a mutually influorous restaurant in the Republic of Korea, Mancheon-si, an Eup/Myeon (hereinafter referred to as 00:45 on June 24, 2017 to the 19-day road.

2. The Defendant is a person who is engaged in driving a motor vehicle that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 24, 2017, at around 00:45, the Defendant driven the said car while under the influence of alcohol, and led directly to the two-lanes of two-lanes of two-lanes of two-lanes of two-lanes, namely, the road in front of the Mancheon-ro 19, Mando-ro, Mando-do-ro.

At the same time, there was an intersection where signal lights were installed, and there was a road where the passage of vehicles was frequent. As such, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as making the front and rear left and right well, operating the steering system and the brake system accurately.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front time while under the influence of alcohol so as to make it difficult for the Defendant to drive a car in a normal condition, and was negligent in proceeding as they were, and the part of the back of the victim C(53 Dop) who was stopping in the atmosphere of the mast-in signal was committed as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require 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. C's written statement related to traffic accidents;

1. On-site map;

1. A survey report on actual conditions;

1. On-site photographs;

1. Notification of the results of regulating 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. Criminal facts;

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