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(영문) 의정부지방법원 2017.07.13 2017고단1762
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 1, 2017, the Defendant: (a) driven a motor vehicle with C low-speed while under the influence of alcohol content of 0.173% in alcohol, from the road front of the mutual influence fluence in Eup/Myeon, which had the influence of Mancheon-si to the State of Hoho-gu in the same city to the 19th day.

2. The Defendant is a person who is engaged in driving a motor vehicle with C high speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 1, 2017, the Defendant driven the said car under the influence of alcohol, such as the preceding paragraph at around 02:10, and proceeded along the two-lanes between the two-lanes from the Yancheon-si and the 19-lanes from the Yancheon-si Department at the Yancheon-si, the two-lanes from the Yancheon-si to the west-do level of the government. In order to turn to the left, the Defendant changed the lane to the one-lane.

Since there was a road on which vehicle traffic has frequent, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as making it possible for the Defendant engaged in driving the vehicle to live well before and after, and after, the right and the right of the vehicle, and accurately operating the steering system and brakes.

Nevertheless, the Defendant neglected to do so and neglected the duty of driving at the left and right time under the influence of alcohol, and neglected to change the vehicle line as it is, received the part on the right side of the victim D (the other 47 years old)'s E-Spo Road driving, waiting to turn to the left.

Ultimately, the Defendant suffered injury, such as “influenite salt,” which requires approximately two weeks of medical treatment, by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A field investigation system and a field map;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and a circumstantial report on the driver of drinking;

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

1. Criminal facts;

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