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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단3087
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 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 freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 1, 2016, at around 20:50, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.218% 0.2%, and the Defendant continued to drive the road front of the 1307 Slar Village Apartment 202 East East East East, in the direction of the settlement of the apartment, at an indefinite speed in the direction of the apartment complex.

At the time, at night and following the defendant's direction, the victim C(53 years old) driver was driving a Ddota-si, so in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately manipulate the terms of the motor vehicle and prevent the accident by accurately manipulating the front and rear left, while driving the motor vehicle.

Nevertheless, even though the Defendant neglected to do so and proceeded with a moving-in language under the influence of alcohol as above, the Defendant went through following the Defendant’s cargo vehicle due to negligence after inserting a moving-in language, and the front part of the said taxi stopped with the lower part of the said cargo vehicle.

Ultimately, the Defendant sustained injury to the victim E (the aged 55) who was on board the said taxi while driving the said cargo in a situation where normal driving is difficult due to influence of drinking, by causing approximately two weeks of treatment to the victim C and the victim E (the aged 55).

2. Around 20:50 on October 1, 2016, the Defendant driven B Poter Cargo at approximately 300 meters of alcohol alcohol level from the later road of the 1307 Scenic Village apartment complex in the Dong-dong-dong-dong 1307, to the front road of the above apartment house, while under the influence of alcohol leveling to 0.218% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. Reports on traffic accidents, reports on the state of drinking drivers, and inquiries into the results of the control of drinking driving;

1. Application of statutes on site photographs;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.

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