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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단3114
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) around 00:10 on September 29, 2016, the Defendant driven BM3 motor vehicles under the influence of alcohol of 0.194% in blood alcohol concentration, driving BM3 motor vehicles at the direction of the Simsan-gu Office in the five roads of the river village in the mountain-gu.

Since there is a cross-section where signal lights are installed, there was a duty of care to reduce speed to persons engaged in driving service and to drive safely in accordance with the signals in such cases.

Nevertheless, the Defendant neglected this and proceeded with red signal in violation of the drinking signal, and caused the collision between the front part of the DNA SM5 car driven by the victim C(the age of 48) who is driving in accordance with the new heading from the 1st SM department distance to the SM5 SM5 department distance, and the right side of the car driven by the Defendant.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E (the victim E (the 52 years old) who is the seat of the damaged vehicle for about three weeks, such as brain dynasium which requires medical treatment for about three weeks, the victim E (the 52 years old), etc. of the treatment days, and the Defendant suffered injury to the victim F (the 26 years old), who is the seat of the driven vehicle, for about two weeks.

2. On the date and time set forth in paragraph (1) of this Article, the Defendant driven the said SM3 vehicle under the influence of alcohol by 0.194% from the 1km section to the 7th mpon road located in the Hansan-ro 82-ro 1042 in the middle of the Gyeonggi-dong-gu, Gyeonggi-do to the 1km-ro 82-gil.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition of traffic accidents, and the investigation report;

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