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(영문) 의정부지방법원 2017.07.13 2017고단1769
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

On February 22, 2017, the Defendant, while under the influence of alcohol 0.183% during blood transfusions, driven a sports cargo vehicle of Bcoland B, which is under the influence of alcohol 0.183%, led to two-lanes of two-lanes between the two-lanes in the north-ro of Guri-si, Gri-si, Gri-si, Gri-si, and the three-lanes in front of the Gri-si apartment in the north-do, Gri-si, Gri-si.

At night, there was a duty of care to safely proceed by accurately manipulating steering devices, brakes, etc. by reducing speed and properly examining the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent and proceeds in driving in front of the freight of the Defendant, and the back part of the DNA-learning passenger car driven by the victim C (the 26-year-old age) who is standing and standing.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, and caused the victim C and the victim E (the 53 years old) who was on the said car by negligence on duty to receive approximately two weeks medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, and photographs on the shock of an accident vehicle;

1. A circumstantial report on the situation of the driver in charge, written consent to blood collection, written response to a request for appraisal;

1. Notification of the results of the crackdown on driving alcohol (Investigation records No. 50 pages), and inquiry of the results of the crackdown on driving alcohol;

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

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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