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(영문) 의정부지방법원 고양지원 2019.05.16 2019고단619

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle in the direction of the original station while under the influence of alcohol level 0.281% by driving a motor vehicle in the direction of J at a speed of about 40km per hour in the direction of the original station.

Since there is an intersection, there was a duty of care to prevent accidents in advance by properly manipulating the brake system with a person engaged in driving service as well as a person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim L(the age of 47) who was in the same line with the traffic signal at the same vehicle line due to negligence that did not look at the front line while neglecting the Defendant’s negligence and was driven by the Defendant as the front driver of the said car.

As a result, the Defendant, while driving a car in the above column with a difficult driving due to the influence of alcohol, suffered from the injury of the victim L by driving the car in the above column, such as light signboards, etc. which requires about six weeks of medical treatment, and the injury of the victim N. (V. 48 years of age) who was on board the above Bosch Rexton car, such as light salt, etc., for which the number of days of medical treatment cannot be known.

2. On January 12, 2019, the Defendant driven a car in the column as described in paragraph (1) while under the influence of alcohol level of about 0.281% at the 1km section at the time, place, etc. set forth in paragraph (1) on the front of the restaurant located in O at around 19:30 on January 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Lritten statements;

1. The actual condition of traffic accidents;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol and a notification of the control of drinking driving (No. 6 No. 116);

1. Each medical certificate, investigation report (Evidence No. 16 No. 16), investigation report (a confirmation report, such as the details of issuance of a medical certificate by the victim), investigation report (a statement attached to the details of treatment by the victim), details of calculation of medical fees, copies of L medical records, N transfer medical fees confirmations, and other confirmations.