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(영문) 의정부지방법원 고양지원 2018.10.16 2018고단1702
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. On June 25, 2018, the Defendant was under the influence of alcohol by 0.125% from the third permanent resident of the Republic of Korea located in the Dong-dong Port Dong-gu, Busan Metropolitan City to the front road of the Do-ro 20-5, the Defendant driven a Clearning car at the 300-meter section of blood alcohol concentration from the 300-meter section to the front road of the Do-ro 20-5.

2. The Defendant is a person who is engaged in driving a C-learning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 25, 2018, 01:07, the Defendant, while under the influence of alcohol, driven the said car in accordance with paragraph (1) of the same Article, and proceeded ahead of the ASEAN, which is 20-5, in the high-speed speed of the Dong-gu, Yongsan-gu, Busan Metropolitan City, pursuant to paragraph (2) of the same Article, along the four-lane distance from the parallel Ambassador to the parallel Ambassador.

In this case, 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 drinking, and he/she has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear in the situation where it is difficult for the Defendant to drive the steering gear due to the influence of the above drinking, and due to the negligence of not operating the steering gear properly, the victim D (W, 31 years old) who was under the traffic waiting at the two-lanes of the signal waiting, and the part above the left side of the E-Wz car driven, which was driven by the Defendant, was higher than the fences around the right side of the car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. of the horse that requires approximately two weeks of medical treatment, and the injury to the victim F (35 years of age) who was accompanied by the said benz’s car to approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Written statements of G, D, and F;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Each written diagnosis;

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