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(영문) 의정부지방법원 2017.02.09 2016고단4316
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year 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 B with a certain amount of automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 23, 2016, when the Defendant was under the influence of alcohol at around 00:30 on a blood alcohol level of 0.159%, and was under the influence of normal driving due to the difficulty of normal driving, the Defendant driving of the said vehicle at issue, and driving the said vehicle at a one-lane road in front of C in Gyeonggi-do, and driving the vehicle at the seat of the 73th association.

There is a place where the center line of yellow solid lines is installed, so there was a duty of care for those engaged in driving service to live well the right and the right and the right, and to safely drive the tea.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving a center line with negligence, led the victim D (55 tax) driving that was driven in the opposite direction, to shock the part on the side of the driver’s seat of the victim D(55) rocketing taxi driving.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim F, who was on board the victim D and D vehicles, such as salt, tensions, etc., requiring approximately two weeks medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the B-W-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime 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;

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

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