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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단2856
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 September 12, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car with a shooting distance of 81 in the Sim-ro 81 above the Dong-gu, Gyeonggi-gu, Gyeonggi-gu, Seoul-do on September 12, 2016, while under the influence of alcohol content 0.238% during blood, and made it left to the left at both elementary schools from the latter part of the 3rd City.

Since there is a center line of yellow solid lines, in such a case, there was a duty of care to accurately operate steering the steering gear and to safely drive the wheel line with the driver's duty of care.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear while driving a mobile phone fall under the bottom of alcohol, and due to the negligence of shocking the steering gear on the right side of the road and continuing the center line, and caused the victim C (3) who was waiting in the traffic signal at the first-lane of the opposite direction at the victim C (47 ) who was waiting in the traffic signal at the first-lane of the opposite direction, and received the back portion of the motor vehicle's left side on the left side of the motor vehicle of this Audi.

In the end, the suspect suffered from the injury of catal catums, etc., which require approximately two weeks of medical treatment to the victim C by driving the said car under the influence of drinking, and the victim E (V, 46 years of age) who is a passenger of the chip vehicle to undergo approximately two weeks of medical treatment.

2. On September 12, 2016, the Defendant violated the Road Traffic Act (driving of alcohol) on the road at around 19:50 on September 12, 2016, the Defendant driven a D chip vehicle with approximately 150 meters alcohol concentration of 0.238% in blood while under the influence of alcohol at around 150 meters from the road in front of a daily average recovery of 67 in the Simn-dong-gu, Gyeonggi-gu, Seoul Metropolitan City, the Simn-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. A survey report on actual conditions;

1. A traffic accident report;

1. On-site photographs;

1. The circumstantial report of the driver in charge; and

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