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(영문) 의정부지방법원 고양지원 2017.03.23 2016고단3804
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 driving B EF rocketing and another car as his/her duties in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 13, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.175% among blood transfusion 03:25 on November 13, 2016, while driving the said vehicle, and passing two lanes between the two lanes of the distance in front of the inspection site at the Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

In such cases, drivers have a duty of care to prevent accidents in advance by living well on the right and the right and the right and the right and the right and duty of safety distance.

Nevertheless, due to the negligence that the Defendant, while driving a motor vehicle under the influence of alcohol, was unable to immediately drive the motor vehicle at the front of the vehicle, the Defendant left the left side of the victim Cwork who stopped in the signal waiting at the front of the motor vehicle, and shocked into the front part of the Defendant’s vehicle.

Defendant 1 suffered injury to the victim C by negligence in the above business, such as salt panion, which requires two-day medical treatment, and injury to the victim E and F, who is the passenger of the damaged vehicle, due to each two-day medical treatment.

2. The Defendant, at the time and place specified in the preceding paragraph, driven a B EF rocketing car under the influence of alcohol level of 0.175% in blood at the time and place.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes, such as the report on a traffic accident, the report on the occurrence of a traffic accident, the report on the situation of the driver in charge, the response to a request for appraisal, the report on the detection of the driver in charge, the photograph of a black stuff image and the closure of such images

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

1.Article 40 of the Criminal Code of Trade and Trade.

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