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(영문) 의정부지방법원 고양지원 2019.06.20 2019고단836

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:20 on February 10, 2019, the Defendant driven C Coin or a car under the influence of alcohol content of about 0.124% at the section of about 7km from the front of the Yongsan-gu B apartment in Yongsan-gu, Yongsan-gu to the front of the dead-ro 559 road located in the same sex-ro 559, the Defendant driven C Coin or a car under the influence of alcohol content of about 7km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is the person engaged in driving C or passenger cars;

On February 10, 2019, the Defendant driven the said car under the influence of alcohol as set forth in Paragraph 1 of the same Article, and driven the front of the shooting distance on the port of Taeyang-dong, Busan Metropolitan City, 599 degrees from the psychological mountain road to the rithm of Sari-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to observe the signal, secure a safety distance with the motor vehicle ahead, and prevent the accident in advance by driving the motor vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving while driving a vehicle in a situation where normal driving is difficult due to influence of alcohol as above, and was driven by the victim D (the age of 31) who was standing in the atmosphere of the traffic signal at the time of the traffic, and received the back part of the rash vehicle as the front part of the passenger vehicle.

Ultimately, the Defendant suffered from the injury of the victim D and the victim F (the age of 39) who was accompanied by the above occupational negligence on the part of the victim D and his passenger car, for approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Each written diagnosis;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime committed.