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(영문) 의정부지방법원 고양지원 2019.08.30 2019고단1858
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. The defendant is a person engaged in driving a vehicle BW200 wheeled on the Aggravated Punishment, etc. of Specific Crimes.

Around 03:50 on May 11, 2019, the Defendant driven the two-wheeled vehicle and proceeded along the two-lanes from the direction of the Busan East East Police Station to the direction of the Pungsan East East Police Station in the ancient-si C.

At the same time, the signal apparatus was installed on the front door, and there was a vehicle under a stop in accordance with the signals, so the driver had a duty of care to live well on the front door and the left and the right, and to safely drive the vehicle in a safe manner.

Nevertheless, the Defendant neglected this and received the rear part of the victim E(the age of 61) driving, which was stopped according to the stop signal while driving the said two-wheeled vehicle in a situation where normal driving is difficult, such as influencing 0.149% of blood alcohol concentration under the influence of alcohol, driving the said two-wheeled vehicle under the influence of normal driving, such as influcing the face of red, while driving the said two-wheeled vehicle without properly viewing it, and driving the said two-wheeled vehicle under the influence of the suspension signal.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. Violation of the Road Traffic Act (driving) the Defendant driven a BW200-wheeled vehicle under the influence of alcohol by 0.149% at a section of approximately 2.5 km from the front day of the Il-dong-dong, Mangdong-dong, Mangsan-dong, Mangsan-dong, and the front day of the D-dong in the same Gu C from the date and time under paragraph (1) to the front day of the said Gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and the provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and imprisonment.

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