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(영문) 의정부지방법원 2018.10.02 2018고단3189
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 28, 2018, while under the influence of alcohol 0.176% among blood transfusions around 15:00, the Defendant changed the course to one lane while driving ahead of the Gyeonggi-si roads from the director distance room to the intersection of the camping village, from the two-lane.

In such cases, a driver of a motor vehicle has a duty of care to check the progress of another motor vehicle running on the lane intended to change, and when it is likely to impede normal traffic, he/she shall not change the course, and he/she has a duty of care to operate the direction, etc. in advance to give notice of change of course and to prevent accidents in advance by safely changing the lane by giving notice of change of the traffic situation.

Nevertheless, the Defendant neglected this and was negligent in changing the lane into one lane in the situation where normal driving is difficult due to influence of drinking, and received the part of the victim D(44 cm) E, which was proceeding on the first lane, into the top of the right edge of the MF5 car, as the part of the Defendant’s left top of the MF5 car.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above business, which caused approximately two weeks of medical treatment to the victim.

2. On June 28, 2018, the Defendant driven a SM5 vehicle under the influence of alcohol content 0.176% from the 50-meter section from the 15:00 road in the Triju Pari sub sublim, to the same 275-2 prior road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, on-site photographs, notification of the results of crackdown on drinking driving, and a report on the situation of the driver of the mainly placed driving;

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

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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