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(영문) 의정부지방법원 2017.08.31 2017고단2497
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On April 29, 2017, the Defendant was under the influence of alcohol level of 0.124% during blood transfusion on April 29, 2017, and the Defendant was driving Category B Ⅱ cargo with a view to 0.124% of alcohol level in line with the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) and proceeded with the erode in front of the D No. C in Gyeonggicheon-gun.

At the same time, the defendant had a duty of care to prevent accidents by emphasizing the front bank, accurately manipulating the operation and steering gear, and preventing accidents.

The Defendant was driven by a victim E (the remaining, 61 years old) by negligence due to the negligence of driving a vehicle while under the influence of alcohol while he is unable to drive normally due to an inaccurate, unsatisfying, and he is under the influence of alcohol, etc.

F The back part of the F New CPC car was received as the front part of the Defendant’s vehicle.

The Defendant, by such occupational negligence, suffered injury to the victim E, such as “satise and tensions of cirratum,” which requires three weeks’ medical treatment, and injury to the victim G (V, 53 years old) who is a passenger of the said new character car, such as “satise of satum, tension,” which requires three weeks’ medical treatment, respectively.

2. On April 29, 2017, the Defendant: (a) driven B Poter-II cargo under the influence of alcohol content of about 0.124% at the section of approximately 1k alcohol content at the 1km from the I’s house located in Gyeonggi-gun Group H to the front of D located in the same service group C at around 21:15.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, and photographs related to the traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement under the circumstances of the person who is on duty while driving a vessel;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime as provided in the corresponding Act.

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