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(영문) 의정부지방법원 2018.05.18 2018고단931
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in 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 December 30, 2017, the Defendant driven the above cargo vehicle around 00:10, and proceeded at a speed of about 30 km from the boundary of the original elementary school to the boundary of the original intersection, depending on the three-lanes of the road in front C in Southyang-si.

At night, and in front of the direction, the victim D's rocketing taxi was in progress, so the driver of the vehicle had a duty of care to see the front and operate the brakes properly.

Nevertheless, the Defendant was unable to properly operate the brakes due to the negligence of not being able to fully operate the brakes due to the fact that the face is very red, cross-light, and the body of the Defendant was unable to take off, and the part behind the cab in front of the freight truck of the Defendant.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of medical treatment for about a week.

2. The Defendant violated the Road Traffic Act (driving) driven the freight vehicles indicated in the “1” clause at the time and place indicated in the “1” port, while under the influence of alcohol 0.382% while under the influence of alcohol in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident involving D;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. A traffic accident report, and intensity at the scene of a traffic accident;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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