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(영문) 의정부지방법원 고양지원 2020.06.26 2020고단1051
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. The defendant is a person who is engaged in driving freight cars for Bosch Rexton sports.

On March 29, 2020, at around 01:20, the Defendant driven the above cargo vehicle while under the influence of alcohol of 0.143% of blood alcohol concentration, and led the Defendant to the right-pass the three-lane road along the intersection of the intersection in front of the Seoyangyang-gu C building in the Gyeonggi-gu Seoul Metropolitan City.

In this case, a driver of a motor vehicle has a duty of care to accurately operate the steering direction and brake system and prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally due to the influence of alcohol, such as a string, in a state where the face is red, inaccurate, and walking is difficult, and due to the negligence of the Defendant’s failure, and led to the victim D (the age 56) who was standing in the front section of the Defendant’s vehicle in the signal signal air at the front section of the passenger vehicle, and received the back part of the Defendant’s cargo vehicle as the front part of the truck.

Ultimately, the Defendant by occupational negligence inflicted injury on the said victim D, such as “infection fluor tensions and tensions,” which requires approximately two weeks of medical treatment on the part of the said victim D, and inflicted injury on the victim F (the age of 58) who was on board the damaged vehicle, such as fluoral salt, tension, etc. in need of medical treatment for about two weeks.

2. Around 01:20 on March 29, 2020, the Defendant driven Bsch-on sport cargo vehicles under the influence of alcohol at approximately 400 meters in the section of about 00 meters of alcohol level from the H points in Seoyang-gu G to the road in front of the same Gu C building.

Summary of Evidence

1. Examination of the accused's legal statement, inquiry into the results of the drinking driving control, notification of the results of the drinking driving control, report on the traffic accident (report on actual condition);

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