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(영문) 의정부지방법원 고양지원 2021.01.14 2020고단2828

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant was engaged in driving cars BM6 automobiles on September 19, 202, and continued to proceed with the winding basin in the mountain basin in the vicinity of the 3-lane of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Busan Metropolitan City, at the altitude of around 00:30 on September 19, 2020.

In this case, the driver of the vehicle has a duty of care to safely operate the steering system by accurately manipulating the steering direction and the steering system of the driver of the vehicle.

Nevertheless, the Defendant neglected this, while driving a vehicle while under the influence of alcohol with 0.152% a alcohol level of 0.152% a normal driving due to his negligence, received the part behind the left-hand part of the victim C (Y, 26 years old) who was driving two lanes on the right-hand part of the said vehicle on the same side.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as dump, bump, and tensions in need of medical treatment for about two weeks, and other parts of sump, tension, etc.

2. The Defendant was driving BM6 vehicles under the influence of alcohol level of about 0.152% in the 10km section from the Triju to the accident place in paragraph (1) around the time specified in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Report on traffic accidents in C written statements prepared by the accused at the court by the accused, a report on the circumstances of the driver who is placed in the main state, and a report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes (C);

1. The pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing bodily injury to the driving of danger, the selection of imprisonment with prison labor), and the Road