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(영문) 의정부지방법원고양지원 2020.08.28 2020고단2076
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three 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 motor vehicles B.

On May 14, 2020, at around 03:19, the Defendant driven the said car under the influence of alcohol level of 0.119%, in an inaccurate, unfasible and walking, etc., while making it difficult for the Defendant to drive the said car normally, and driving the three-lanes of the said car at the seat of the main line in Seoul, Seoyang-gu, Seoyang-gu, Yangyang-gu, the movable property of which is 27-64, Goyang-gu.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear, steering gear, brakes and other devices while observing the train line.

The Defendant, under the influence of alcohol, neglected this duty of care, went through two-lanes of the injured party C's driving in the direction of the course, received the left-hand portion of the said rocketing car from the right-hand side of the said Rotterdam car, and the said rocketing car became to be on the right-hand side of the road.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, suffered injury to the victim, such as cerebral sugar, which requires approximately two weeks of medical treatment.

2. On February 17, 2015, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act from Seoul Southern District Court on February 17, 2015.

The Defendant driven the car described in paragraph (1) while under the influence of alcohol level of 0.119% at approximately 4.2 km from the date and time described in paragraph (1) and from the nearby Do to the point of accident described in paragraph (1).

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police in relation to C.

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