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(영문) 의정부지방법원 고양지원 2019.07.05 2019고단1135

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. On March 5, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven by B Poter cargo vehicles driving at the speed of 30 km a speed of 10km a speed of 30km a speed of 5 kilometers a speed of 0.195 meters a speed of 0.195% a blood alcohol concentration, while driving a poter freight vehicle in front of the exit of the Seongbuk Industrial Complex No. 1 located in the Seogu Seo-gu, Seogu, Daegu.

Since there was a cross-section, in such cases, the driver has a duty of care to reduce the speed of the backward and the right and the right and the right of the rear, and to operate the brake in a safe manner by accurately operating the brake.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence of wrong operation of the rear-round and brake devices, and was under the influence of the Defendant’s drive C(42) driving. The Defendant was under the influence of the Defendant’s driver’s vehicle, and was under the influence of the Defendant’s driver’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the Poter cargo vehicle described in paragraph (1) while under the influence of alcohol of about 30 meters from the 30-meter section to the intersection described in paragraph (1) at the time and time crossing specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the results of the control of drinking-driving, investigation report (report on the circumstances of drinking-driving drivers), and report on the circumstantial statement of drinking-driving drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).