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(영문) 의정부지방법원 고양지원 2020.01.08 2019고단2903
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On September 23, 201, the Defendant was sentenced to a fine of KRW 1700,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on September 23, 201.

【Criminal Facts】

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a vehicle B Corpland.

At around 23:40 on September 5, 2019, the Defendant, while under the influence of alcohol concentration of 0.125%, proceeded to the direction of e-mail from D while under the influence of alcohol concentration of blood.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to live well in the front and to drive the brake and steering gear accurately in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and due to negligence in failure to properly operate the brake system, the Defendant was driven by the victim F (the age of 41) who was in the atmosphere by red signal in the front bank, and received the part of the front part of the Gststa vehicle behind the Gstststa vehicle, which was driven by the victim F (the age of 41).

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

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B Z in the direction of approximately 5.7 km from the “I” road located in Ilyang-dong, Mangdong-gu, Ilyang-si to the place indicated in the above paragraph (1) in the direction of approximately 5.7 km, while under the influence of alcohol concentration of about 0.125%.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A medical certificate;

1. Before judgment:

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