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(영문) 의정부지방법원 고양지원 2019.02.21 2018고단3204

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

The defendant is a person who is engaged in driving of Bsch Rexton vehicles.

1. At around 03:50 on November 4, 2018, the Defendant driven the fexton motor vehicle under the influence of alcohol concentration of about 0.130% at the uppermost of the upstream area in Ansan-gu, the uppermost-dong, Ansan-si, and the uppermost of the same Gu from about 1km to about 0.130% at the uppermost of the same Gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a motor vehicle above the temporary border as set forth in paragraph 1, and proceeded three lanes from the right side of KT distance to D 20km from the right side of KT distance.

At the time, there was an intersection where a signal is installed at night, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by checking whether another motor vehicle is stopped on the front door by viewing the front door.

Nevertheless, as described in Paragraph 1, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol such as a long distance, sent a signal by negligence in the course of duty to drive the said vehicle. The back part of the Flap vehicle of the victim E (ma, 53 years old) who stopped, was shocked by the Defendant’s driver’s front part of the Flap vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc., in need of approximately three weeks of medical treatment, and suffered injury to the victim G (V, 37 years of age) who was on board the said rocketing motor vehicle, such as clocks, tensions, etc., for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1.Notification of the results of the regulation of drinking driving, the report on the situation of drinking drivers, and