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(영문) 의정부지방법원 2017.03.28 2016고단4490
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person engaged in driving Category B XG vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 27, 2016, the Defendant driven the above vehicle at a speed of 00:57, and driven the three-lane road in front of C at two weeks at the speed of the two-way police stations at the speed of speed.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, nor have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.19% in blood, was unable to drive normally while under the influence of alcohol, was shocked by the front part of the Defendant’s driving vehicle, that the Defendant loaded the front of the Defendant’s driving vehicle E-wing and cargo vehicle in front of the Defendant’s driving vehicle.

Defendant, by negligence in the above occupational negligence, suffered from the victim the escape card of a conical signboard requiring approximately three weeks medical treatment.

2. Around 00:57 August 27, 2016, the Defendant driven a B art X-G vehicle under the influence of alcohol content of about 10km from the section of approximately 10km from the front of the welfare distance of Yanon Eup to the front of both weeks in the two weeks city to the two-way roads.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs of a traffic accident report, a report on the detection of a primary driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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