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(영문) 의정부지방법원 고양지원 2017.07.21 2016고단3716
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

The defendant is a person who is engaged in driving of Chiver vehicle.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said vehicle under the influence of alcohol level of 0.154% during blood and drive the said vehicle at a speed of about 60 km per hour on November 5, 2016, at around 12:00 on the same day, the salary grade 4:0 in front of the 12:0 on the Pulju-Eup, Pulju, Pulju, Pulju at the speed of about 60 km per hour during the middle of the two lanes in the direction of the balsan.

In this case, the driver of a motor vehicle has a duty of care to properly see the front side and the left side of the driving direction, and to accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected to drive the said vehicle while driving the vehicle under a difficult condition to drive in a normal condition while under the influence of alcohol, and led the victim's e-mail driven at the front line of the Defendant's vehicle, and led the part of the vehicle to the front part of the Defendant's driver's vehicle.

Ultimately, the Defendant driven a car in a state where it is difficult for the Defendant to drive the car normally while under the influence of alcohol, and suffered injury to the victim, such as brain-dead in which there is no wound in two open fields requiring treatment for about three weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol concentration of 0.154% in blood without a driver’s license, starting at the same time at the same time as the above paragraph 1 of the same Article, starting a part of approximately 4 km away from the so-called so-called so-called so-called “driving”, and driving the said vehicle under the influence of under the influence of alcohol concentration of 0.154% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notice of a survey report on actual condition and the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the driving license ledger (A);

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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