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(영문) 의정부지방법원고양지원 2020.12.03 2020고단2431

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for a term of one year and four months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant, who is engaged in driving a BK7 car on May 1, 2020, was driving the said car while under the influence of alcohol level of 0.178% on blood alcohol level on May 1, 2020, while driving the said car, and driving the said car on a four-lane road in front of U.S. Seo-gu, U.S. P.C. at the Kink-gu, U.S.-gu, U.S., and

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle by reducing speed in advance while accurately operating the steering gear and steering the steering gear of the vehicle.

However, due to the above influence of alcohol, the Defendant neglected to drive a vehicle in a state where it is difficult to drive the vehicle in a state where it is difficult to drive the vehicle, without operating the vehicle even though it is a stop signal, and caused the Defendant’s negligence to shock the part behind the victim D (In this case, 43 years old) who was waiting in the signal waiting at the front of the running direction of the Defendant, with the front part of the K7 vehicle.

The Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence.

2. On March 29, 2017, the Defendant has the record of receiving a summary order of a fine of three million won for the crime of violating the Road Traffic Act from the Goyang Branch of the District Court of the Jung-gu on March 29, 2017.

The Defendant, around the time and time set forth in paragraph (1), driven the said K7 vehicle under the influence of alcohol level of about 0.178% from a distance of about 200 meters to the point of accident as set forth in paragraph (1) before Goyang-gu Seoul Metropolitan Government Ftel, Seoyang-si, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The Defendant’s legal statement written statement is traffic accident report (on the actual condition survey report) and the statement on the actual condition of his/her driver;