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(영문) 의정부지방법원 2017.10.13 2017고단3561
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in the 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 July 8, 2017, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.147% during blood transfusions on July 8, 2017, and proceeded at a speed of two-lanes among three-lanes on the road along the old erogate from the old erogate to the derogate.

At the time, it was difficult for a low-time and low-speed road to stop, so there was a duty of care to care for those engaged in driving of a motor vehicle by properly operating the steering boat and steering gear.

Nevertheless, the Defendant was negligent in driving a vehicle while neglecting the duty at the front time, and received the back part of the victim C(35) driving at the front time of the signal waiting at the front time as the Defendant’s above-mentioned vehicle.

Ultimately, the Defendant driving the said cargo in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as salt panion of the erode in the front line, which requires two-day medical treatment, and suffered injury to the victim E (33 years) who is the passenger of the said high-speed car, for two-day medical treatment.

2. Violation of the Road Traffic Act (drinking) was driven by the Defendant, starting from the drinking house located in the Sing-ri-ri-ri-ri-ri-dong as stated in paragraph (1) and driving B Poter cargo under the influence of alcohol concentration of 0.147% during blood during the period of Tyang-ri-ri-ri-si driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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