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(영문) 의정부지방법원 고양지원 2017.06.20 2017고단1258
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2017, the Defendant was driving a D K7 vehicle without obtaining a driver’s license under the influence of alcohol level of 0.140% from the 19:00 high-speed road in Gyeyang-gu, Seoyang-gu to the front road located in C in the same Gu, Seoyang-gu, Seoyang-gu, Seoul, with a alcohol level of 0.140%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driving of the said car at the time specified in paragraph 1, thereby driving the said car at the time specified in paragraph 1 and driving the two lanes prior to the said C along the one lane. A person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as thorough operation of the front week and accurate operation of the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was at the same speed while driving without a normal driving speed, was parked in front of the Plaintiff E (37 years old) driving, was parked in front of the Defendant’s car, and the lower part of the FM5 passenger car of the said SM5 passenger vehicle was pushed in front of the Defendant’s passenger car. As a consequence, the said SM5 passenger vehicle was pushed in the future, and the said SM5 passenger vehicle was pushed ahead of the Defendant’s H passenger car at the victim G (39 years old) (39 years old) where the said vehicle was parked, thereby causing the victim E and G to suffer approximately two-day back of the H passenger car, such as salt, tension, etc. of the chill in need of two-day medical treatment, and the victim I (35 years old-old passenger) who is the said cargo, who is the same passenger.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking, the situation report on the driver of drinking, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to accident vehicles, on-site photographs, and written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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