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(영문) 의정부지방법원 2017.04.21 2016고단5694
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 engaged in driving of B Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 30, 2016, the Defendant, while under the influence of alcohol 0.125% during blood transfusion, proceeded with the entrance and exit of the amusement park for the 899 approved mountain, at an influent speed.

In such cases, the driver of the vehicle has a duty of care to prevent the occurrence of accidents by accurately manipulating the steering system, brakes, and other devices of the vehicle.

Nevertheless, the Defendant neglected this and continued to drive the said vehicle on the ground of the blue-ri plane in which it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and brought the first shock of Indian boundary seat and street trees, and caused this shock to the second shock of the Down-in car driven by the victim C(47 years old) who continued to drive the vehicle facing the victim E(43 years old).

As a result, the Defendant suffered injury to the victim G (44 , female, 43 , female, 50 , victim H (43 , female), victim I (50 ), victim J (43 , female, 43 , and 50 , respectively, in need of approximately two weeks of light care.

2. On November 30, 2016, around 22:32, the Defendant violated the Road Traffic Act (drinking driving) operated B Poter truck under the influence of alcohol concentration of approximately 0.125% in the section of approximately 2km from the street in front of the beginning of the offset-dong, Nowon-gu, Seoul Special Metropolitan City to the front side of the entrance of the 899 Manyang City, Namyang-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (abreath of alcohol)

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