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(영문) 의정부지방법원 2017.06.20 2016고단5693
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 three 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 of C and C freight vehicles, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving)

On November 27, 2016, the Defendant driven the said vehicle while under the influence of alcohol 0.139% during blood transfusions, and led to the following two-lanes: (a) the road of one lane in front of both weeks, from the direction of the blish box, to the second apartment of the Asia.

At the same time, there is a frequent traffic signal, and thus, a driver has a duty of care to prevent accidents by temporarily suspending or making a temporary stop prior to entering the intersection in order to prevent accidents by properly examining the traffic situation of the front and left.

Nevertheless, the Defendant neglected this and went on the right side of the driving direction by the negligence of entering the intersection as it is at the speed where normal driving is difficult due to the tendency of drinking, and found the Defendant’s vehicle and shocked the front side of the driving of the victim E(52) while stopping the vehicle into the front side of the left side of the sports vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, due to such occupational negligence.

2. On November 27, 2016, the Defendant: (a) driven the above C 3 cargo vehicles with a 0.139% alcohol concentration in the blood while under the influence of alcohol 0.139% from the 2nd section to the elbel tree in Yang-si, Yangju-si, Yangju-si, to the 140nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(2)2 of the Road Traffic Act.

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