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(영문) 의정부지방법원고양지원 2020.11.11 2020고단2202

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said vehicle while under the influence of alcohol on July 12, 2020, by driving the vehicle and driving it on the road 50 Cheongamam-ro from the intersection to the intersection of the mountain intersection at the time of strike, by driving it in the state of alcohol, such as rhyming, 0.129% of the blood alcohol level on July 12, 2020.

At all times, since the DNA car driven by the victim C(E and 55 years old) was a signal atmosphere, there was a duty of care to prevent accidents by properly manipulating the steering gear and properly manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in performing the above occupational duty while neglecting the duty of care and received the back part of the victim's franchise vehicle as the front part of the Defendant's car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a trend of light, a shoulder, and a tension that requires approximately two weeks of medical treatment.

2. On June 1, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in order to prevent the violation of the Road Traffic Act from being committed in the Goyang Branch of the District Court.

On July 12, 2020, the Defendant violated the regulations on the prohibition of drinking driving by driving SM5 cars while under the influence of alcohol concentration of about 0.129% at the distance of about 1 km from the front of the restaurant, where the name in the SM5 car cannot be known, at least 2 times, on the road in which the name in the SM5 City of Pakistan cannot be known, at least 20:10.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by the victim;

1. The actual condition survey report, the circumstantial statement of a drinking driver, and the drinking-driving.