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(영문) 의정부지방법원 고양지원 2020.01.09 2019고단3092

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. The Defendant is a person engaged in driving cars BK7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 19, 2019, the Defendant driven the above vehicle under the influence of alcohol of 0.155% with a blood alcohol concentration of 01:00, and continued to drive the vehicle under the influence of alcohol of 0.15%, at the speed of about 90 km in Seoul from the right edge to the right edge, the letter of 114, the altitude of which is about 114, in the high speed city.

At the time, the D Belgium, which is driven by the victim C(E, South and 34 years old), is driving along three lanes, so there was a duty of care to operate a steering gear so that those engaged in driving of a motor vehicle may not get out of the way in progress, to take the front and right and the right and the right of the motor vehicle, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and neglected to drive in an inaccurate manner, and received the part of the front part of the above K7 vehicle that the Defendant drives with the driver's vehicle in the front part of the above K7 vehicle that the Defendant drives by the driver's negligence while driving the vehicle in a state where it is difficult to drive the vehicle normally to the extent that the pedestrian is able to walk.

As above, the Defendant suffered injury, such as salt, tension, etc., to the left-hand chills that need to be treated for about three weeks due to occupational negligence while driving a motor vehicle normally due to the influence of alcohol.

2. Around 01:00 on October 19, 2019, the Defendant driven B K7 vehicles under the influence of alcohol level of about 15 km from the front of the dormitory of a company in which it is impossible to know the trade name in the Seodaemun-gu, Yongsan-gu, Seoyang-si from the front of the dormitory of the company in which it is impossible to find out the trade name in the Dong-gu, Seoyang-si, Seoyang-si to the first freedom of 114 high-speed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident reports, inspection reports on the actual condition of the driver concerned, and accident vehicles;