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(영문) 의정부지방법원 2017.05.19 2017고단652
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. The Defendant is a person who is engaged in driving of a vehicle B in high-speed string, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 29, 2016, the Defendant was under the influence of alcohol of 0.226% in blood, depending on four-lanes from the side of the large distance to the high-priced vehicular road, the four-lanes in front C at the Government of the Gyeonggi-do 2:18 on December 29, 2016.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was driving in a state where normal driving is difficult due to his negligence, and the part of the back part of the victim D(45 ) who stops in the same lane along the signal atmosphere was shocked by the front part of the Defendant’s vehicle.

Ultimately, the Defendant by such negligence inflicted injury on the victim D, such as salt, tensions, etc., in need of approximately two weeks of treatment on the victim D, and suffered injury to the victim F (F (PP) who is the passenger of the victimized vehicle, about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle B in the direction of approximately 19k alcohol concentration at the section of approximately 0.226% from the 19km to the site of accident as set forth in paragraph 1 at the time of the Gyeonggi-si, Yang-si, the Gyeonggi-si, which is set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

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 (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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