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(영문) 의정부지방법원 2017.07.13 2017고단1987
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. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 22, 2017, the Defendant driven the said car at around 0.176% of alcohol level among blood transfusions to the extent that it is difficult to drive normally due to the influence of alcohol, and led the Defendant to drive the said car at a speed of about 30 km per hour on the side of the reservoir in the calculation of the road of the 1-lane Eup/Myeon located in the two weeks in the two weeks.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely drive the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, sustained injury, such as “influences and tensions,” which require approximately two weeks of treatment to the victim, by shocking the front part of the vehicle in front of the vehicle driving by the Defendant, on the part of the victim C ( South, 48 years old) driving.

2. On March 22, 2017, the Defendant driven the said B rocketing car under the influence of alcohol content of 0.176% during blood while under the influence of alcohol, from around 20:10 to around 1123 YU YU on the road in front of the TWU YU YU, the right rate of both PYU 20:10 to the front day of the 1123 YU YU YU YMM on the one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A traffic accident report, report on the occurrence of a traffic accident, site photograph of the accident, and map at the scene of the accident;

1. Inquiries about the results of crackdown on the driving of alcohol, reports on the detection of drivers, and reports on the circumstances of drivers;

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

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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