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(영문) 의정부지방법원 2020.12.10 2020고단4137

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck B.

1. Around 13:05 on July 23, 2020, the Defendant driven the said cargo vehicle under the influence of alcohol content of about 0.10% at a section of about 300 meters from the Do in front of the D cafeteria located in Gyeonggi-si, the Namyang-si, the Namyang-si, to the eth of Gyeonggi-do.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to a speed of about 40 kilometers a speed of about 13:05 on July 23, 2020, the front road E at the Namyang-si, Gyeonggi-do, without distinguishing lanes from the F direction, at a speed of about 40 kilometers a speed.

In this place, a driver of a motor vehicle has a duty of care to prevent traffic accidents by properly operating the steering gear and brakes, and by properly operating the steering gear and brakes.

Nevertheless, the Defendant, as described in Paragraph 1, was in incorrect and inaccurate, and the walking is very big, and the blood is difficult to drive normally, and the victim H (Nam, 64 years old) who driven the above cargo due to the occupational negligence in the course of driving the above cargo, was shocked with the front part of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as sugars without any wife in two open areas, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, records of the control of drinking driving, and circumstantial statements of drinking drivers;

1. A medical certificate;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor as to the punishment of the crime;

1. The aggravated Criminal Act for concurrent crimes.