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(영문) 의정부지방법원 2017.09.27 2017고단3006
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. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 6, 2017, the Defendant driven the above-mentioned vehicle while under the influence of alcohol 0.146% among blood transfusions on June 6, 2017, and led the roads in front of the D store located in Speaker-si C to bypassing from the educt to the eductal surface of Heung-ray and the eductal surface.

On the other hand, there are crosswalks where signal lights are installed, so the person engaged in driving service has a duty of care to observe the signal and prevent the accident from occurring.

Nevertheless, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, was negligent in violating the stop signal, and the part of the victim E (the age 21) who saw the crosswalk as the left-hand side from the right-hand side of the crosswalk in accordance with the victim E (the age 21) was taken as the front part of the above motor vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim on the left-hand side in need of six weeks of medical treatment due to such occupational division and room.

2. On June 6, 2017, the Defendant was under the influence of alcohol with approximately 0.146% alcohol concentration at the 1km section in front of the D store located in the same city and in front of the D store located in the 1km-si Government, Cheong-si, Cheong-si, the Government-dong, the Government-Do, at around 23:20 on June 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. On-site map;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Inquiries about the results of crackdown on drinking driving;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of penalty:

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