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(영문) 의정부지방법원 고양지원 2020.02.20 2019고단3736

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving cars BM3

On October 28, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.163% at around 23:30 on October 28, 2019, and led to the driving of the said car in front of the building C in Yongsan-gu, Yongsan-gu, Busan-gu, to proceed to the front of the Dong Police Station.

Since there is a place where signal lights and crosswalks are installed, in such a case, there was a duty of care to safely drive a motor vehicle by checking whether a person engaged in driving the motor vehicle complies with the signal and whether there is a pedestrian.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, and caused the injury to the victim D (the age of 58) who crossed the road on the crosswalk and the stop line, due to the negligence of proceeding the red signal on the vehicle, while driving normally difficult due to the above influence of alcohol, and caused about six weeks to the front part of the above vehicle, resulting in the victim's injury, such as the high-speed breath of the left-hand boom, the brain-dead ground, and the dyeed dye, etc.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said B-car under the influence of alcohol level of 0.163% from the parking lot of the building E-owned in Yongsan-gu, Busan-gu to the point of the above accident from the point of accident at which the Defendant was under the influence of alcohol level of about 2 km.

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, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Medical records and medical certificates (D);

1. Application of the Acts and subordinate statutes governing accident video CDs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;