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(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3349
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. On October 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the National Cancer Center in front of the National Cancer Center located in 323 U.S., Mangsan-dong, U.S., U.S. on a high speed of October 27, 2016, while under the influence of alcohol 0.20% in blood, and led the Defendant to proceed to the 1 Dong community service center on the side of the National Cancer Center.

At the time, the Defendant, prior to the same direction, was followed by the victim C(39) drive a D-Korean cruise car, and thus, in such a case, there was a duty of care to secure and proceed safety distance by making the person engaged in driving service well seeing the situation and lowering the speed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting it and received the back portion of the above cruise car standing in the signal atmosphere from the front bank as Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. On October 27, 2016, the Defendant violated the Road Traffic Act (drinking) driven a booming car under the influence of alcohol content of about 0.20% from the 1km section to the front road of the National Cancer Center located in the 323-ro of the same Gu, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident survey report, a report on the detection of a driver involved in the primary driving, and a circumstantial report on the driver involved in the primary driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.

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