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(영문) 의정부지방법원 2017.12.12 2017고단3825
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Class B cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 7, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.170% during blood transfusions on August 22:20, 2017, while driving the said cargo at the rate of 0.170%, 874,000 square-ro 1,00,000 square-ro 1,00,000.

At this point, since the center line and pents of yellow-ray are installed, the driver of the vehicle had a duty of care to thoroughly operate the front line and to be able to operate safely.

Nevertheless, the Defendant: (a) caused the injury to the victim E (the 47-year-old) (the 47-day-old) who was driving by driving the said cargo vehicle in a situation where it is difficult to drive the vehicle normally due to the influence of alcohol and driving the said vehicle over the center line and driving the road along the opposite lane; (b) caused the victim C (the 48-year-old driver) to suffer from the front part of the right side of the said cargo vehicle, which was driven by the victim C(the 48-year-old driver), in front of the right side of the said cargo vehicle; and (c) caused the victim E (the 47-year-old driver), who was driving the said vehicle, to suffer from the injury, such as salt of the shoulder unit, which requires approximately two-day medical treatment.

2. On August 7, 2017, the Defendant: (a) driven a B Poter II cargo vehicle with approximately 0.170% alcohol concentration in blood at the 1km section from the 1km to the 2nd intersection of the additional rate in Masan, where the trade name in the Masan is unknown at the additional time, on August 22:20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident-related statement of E;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) concerning criminal facts as provided for in the relevant Act;

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