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(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3359
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment 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 January 7, 2008, the Defendant received a summary order of a fine of four million won or more due to a violation of road traffic law (drinking driving), etc. at the Jung-gu District Court on January 7, 2008, and a fine of two million won or more due to a violation of road traffic law (drinking driving) at the Jung-gu District Court on December 9, 2013.

1. The Defendant is a person who is engaged 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 October 12:19, 2016, the Defendant, while under the influence of alcohol level of 0.359% in the intersection in front of the Kanyang-gu, Seoyang-gu, Seoyang-gu, 12:19, the Defendant proceeded one lane of the two-lane road at a speed of about 50 km per hour with the intersection in front of the church and under the influence of alcohol level of 0.359% in the blood.

In this case, the driver of the vehicle has a duty of care to safely operate the steering direction and brake system in a clear spirit, and to prevent the accident by properly examining the steering direction and the left and right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence of failing to operate the brake system properly, was forced to shock the rear part of the Defendant’s vehicle loaded on the E-wing and 3 tower, which was driven by the victim D (38 Do) who was under a stop at the intersection, into the front part of the Defendant.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to influence of drinking, and inflicted injury on the said victim D (38 years of age) such as salt, tensions, etc. in need of a two-day medical treatment on the part of the said victim D, and on the part of the said victim FF (the said victim and the said victim were 24 years of age), the Defendant inflicted on the victim F.

2. In the case of Defendant 1’s violation of the Road Traffic Act (drinking driving) from the 293-way-ro to the 314-way-ro to the same Gu-ro at the time of the day indicated in paragraph 1 above, the above paragraph 1 is under the influence of alcohol content of 0.359% in a section of about 150 meters from the 293-way-ro to the front intersection of the church.

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