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(영문) 의정부지방법원 2017.04.28 2017고단112
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 of B New Franchisp in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On November 30, 2016, the Defendant, while under the influence of alcohol content of 0.201% from blood transfusions around 20:05, the Defendant continued to run the so-called Macheon-si, Gyeonggi-do, Seocheon-si, Seocheon-si, Seocheon-si, with the government breath from the view of Pocheon-si.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, driven in a state where normal driving is difficult due to the Defendant’s failure to drive it, was shocked by the lower part of the lower part of the Defendant’s vehicle in front of the vehicle in front of the Defendant, with the lower part of the lower part of the Defendant’s vehicle in front of the vehicle in front of the Defendant, and the lower part of the driving seat of the victim E(55 years) driven by the Defendant’s 2-lane in front of the center line, and the lower part of the driving seat of the XG car in front of the Defendant’s vehicle in front of the Defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to E, such as the cutting of a body frame, closure, etc., which requires approximately seven weeks of medical treatment, and injury to the victim G (V, 42 years of age) who is the same passenger of the same vehicle, such as the flasing of a mouth, which requires approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the above B New Ha under the influence of alcohol content of about 0.201% from the 1 KM section to the place of accident described in paragraph 1, from the 1 KM section, around the Hancheon-si, Sincheon-si, Sin-si, Sincheon-si, Sincheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis shall be subject to the law.

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