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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단3028

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 engaging in driving a Benz S430L car

On July 2, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.133% 0.13% under the influence of alcohol around July 2, 2018, and led the Defendant to drive the said car in the direction of the most East-gu, Seoyang-gu, Yangyang-gu, and the 633-1 Do 63-1 Do Do 633-1, a large-scale road in the direction of

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by complying with the wheel line and operating the steering gear and operating the steering system accurately.

Nevertheless, the Defendant, as seen above, faced the center line in a situation where normal driving is difficult due to influence of drinking, and brought the part of the front part of the vehicle of the Defendant driving vehicle, which was driven by the victim D (W, 52 years old) who was driving in the opposite direction, was shocked by the front part of the vehicle of the Defendant.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim, such as a spathal of the infant requiring a medical treatment for about four weeks, and injury to the victim F (F, South and 53 years old), who was on the vehicle driven by the above victim, for about four weeks of medical treatment.

2. Around 20:30 on July 2, 2018, the Defendant driven a Bbents S430-L car with approximately KRW 0.133% alcohol concentration on the 3km section from the front road of the Goyang-gu G and H “H” in Goyang-gu, Gyeonggi-do to the accident place under the above 1.00-mentioned 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. An accident site photograph;

1. Each written diagnosis shall be subject to the law.