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(영문) 의정부지방법원 고양지원 2019.05.09 2019고단572

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

1. On February 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol at three-lanes of the Czeyang-gu Uniform-si, 874, and the blood alcohol concentration cannot be known due to the unification of Goyang-gu, Yangyang-gu, Yangyang-si, and led to a speed of 40 km per hour depending on the speed of 40 km per hour at the scop of the scopic boundary of the scopic police box, after driving the Grand Fla

Since there is a signal, there was a duty of care to prevent accidents by accurately manipulating the brake system according to the signal signal, etc. to a person engaged in driving service.

Nevertheless, the Defendant neglected this and failed to observe the signal system under the influence of alcohol and failed to accurately operate the brake system, which was left left by the negligence of left-hand turn, and the victim C(30 years of age) driven by the straight-on signal on the opposite side received the front-hand part of the D Truck driven by the Defendant’s driver’s vehicle on the right side.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim, such as brain-dead, which requires medical treatment for three weeks.

2. On February 22, 2019, the Defendant was under the influence of alcohol at the places indicated in paragraph (1) at around 01:17, the Defendant was required to comply with the measurement of alcohol by inserting the breath for about 10 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling on the face, smelling from G of the Hayang Police Station Eba, dispatched after receiving a report on the grounds of traffic accidents as prescribed in paragraph (1) and drinking.

Nevertheless, the defendant refused to do so and the police officer without any justifiable reason.