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(영문) 의정부지방법원 2017.04.14 2016고단5470
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a vehicle with EXE in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 8, 2016, the Defendant driven the said car in a state where it is difficult to drive normally while under the influence of alcohol 0.142% during blood transfusion around 04:08, while driving on a normal condition of alcohol 0.142%, the Defendant got from the south-ri side of the month of the Gyeonggi-gu Seoul-gu in the South-do, Seoyang-ri Seoul-Sacheon Highway 9.9km in the south-do.

At the time, it is night and where the passage of a vehicle is frequent on an expressway, so there was a duty of care to safely drive the vehicle by checking the front door and the left and right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving a motor vehicle while driving the motor vehicle on the front side of the defendant's vehicle, and the rear part of the motor vehicle volume was shocked by the defendant's vehicle volume.

Ultimately, the Defendant suffered injury to the Victim F, who is the passenger of the said D Driving Vehicle, due to the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven CEX car in the state of alcohol alcohol 0.142% from the portion of about 5km to the front road of the trade influent convenience store located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the front road of approximately 9.9km-ri, Seo-gu, Seo-gu, Seo-gu, Seoul.

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. Application of Acts and subordinate statutes to the F medical certificate of the passenger of the damaged vehicle;

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

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