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(영문) 의정부지방법원 2020.04.13 2019고단5606

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 drives a observer car as a duty.

On November 17, 2019, at around 18:18:18, the Defendant was under the influence of alcohol with 0.150% of blood alcohol level, and the Defendant was driving the observer car on the front side of the “contributer bridge” located in Gyeonggi-do Macheon-ro 68, to turn to the left from the right edge of the white reservoir.

A driver of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and since it is a private-distance intersection where traffic control is not performed, there was a duty of care to accurately manipulate the steering direction and brake system in the direction of left turn and prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the above duty of care while driving a motor vehicle in a state with low judgment and net power and neglected to turn to the left by negligence, and received the front part of the E-learning Motor Vehicle driven by the victim D (the age of 45) as the front part of the observer Motor Vehicle and suffered about two weeks of treatment to the victim.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol and sustained injury to the victim by driving a motor vehicle while it is difficult to drive it normally due to the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident, the actual condition of a traffic accident, and the accident site photograph;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.