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(영문) 의정부지방법원 고양지원 2019.01.23 2018고단2585

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

The defendant is a person who is engaged in driving CA car.

On August 15, 2018, the Defendant was under influence of 05:25% of blood alcohol concentration of 0.138%, and the Defendant was driving the said C-car from the 8th heading in the vicinity of the 1180 Madudong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do-do-do-do-

At the time, the surrounding area was not well visible due to the new wall time, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle while accurately operating the steering and steering gear, and prevent the accident by driving the motor vehicle in a safe way.

Nevertheless, the Defendant neglected this and was negligent in driving the Defendant’s vehicle in front of the Defendant’s passenger vehicle, thereby leading the Defendant to the front part of the instant CA car, which was driven by the victim D(the age of 47) driving in front of the Defendant’s vehicle.

Ultimately, the Defendant driven the said C-A-car in a state where normal driving is difficult due to influence of alcohol, and suffered from the injury of the victim D by negligence in the course of the above business, such as salt ties, tensions, etc., in need of two-day medical treatment to the victim F (50 years of age) who is the passenger, as well as the injury of dynasium, tensions, etc., in need of two-day medical treatment to the victim G (56 years of age) who is the passenger, and suffered from the injury of the victim H (56 years of age), such as dynasiums, tensions, etc. in need of two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition of traffic accidents;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

1. An accident site;