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(영문) 의정부지방법원 2017.06.13 2017고단179
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 a person engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.191% from blood transfusion around 17:10, while driving the said car at around 0.191%, and driving the two lanes prior to C in the southyang-si, at the end of the bus at Hopyeong-dong, one-lane into the village village protection area in the area of the Gugnam-dong bus.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally while driving, and the part of the back part of the E-Ra car driven by the victim D (V, 39 years old) who was waiting for a signal at the front of the Defendant was shocked by the front part of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as salt, tension, etc., of the chill that requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol with a maximum of about 500 meters alcohol concentration of 0.191% from the 50-meter section to the place of accident as set forth in paragraph 1 at the southyang-dong convenience store in the Namyang-dong-si, Hoyang-si, Hoyang-si, the day indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of a traffic accident, report on the circumstances of a driver taking driving, and notification of the results of regulating the driving of alcohol (drinked in a drinking figure);

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.

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