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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단3217
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. From October 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), around 17:45 on October 17, 2016, driven a three-lane road in front of the C cafeteria in Gyeyang-gu Seoul Metropolitan City B with a blood alcohol concentration of 0.213%, and proceeded with D Launa car at the speed of about 30 km in the direction of the city in the direction of the West-gu.

Since there is a left-hand lane where signal lights are installed, there was a duty of care to safely drive the brakes by accurately manipulating the brakes by taking into account whether there is a vehicle that reduces speed for persons engaged in driving service and gives a signal to the front side.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol, the Defendant received the back part of the Faburged vehicle driven by the victim E (W, 44 years old) in the right-hand left-hand turn at the right-hand turn-hand turn-hand turn-on lane as the front part of the car driven by the Defendant.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, which requires approximately two weeks of medical treatment.

2. Around 17:30 on October 8, 2016, the Defendant driven D rocketing car under the influence of alcohol content of about 0.213% in the section of about 5km from the roads near Heakdong-gu Goyang-dong, Goyang-gu to the roads in front of the restaurant located in the same Gu B at around 17:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

1. Discretionary mitigation;

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