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(영문) 의정부지방법원 2019.07.03 2019고단1674
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 engaged in driving B K7 automobiles

On March 14:20 on March 30, 2019, the Defendant driven the said K7-lane with the alcohol concentration of 0.178%, and driven the said K7-lane at a speed that would not be known by one lane from the old side to the sub-decipatoron in the southyang-si.

At the time, snow, rain, heavy wind, and the surface was in a state of rainwater, and before the same direction, the victim D (the age of 68) followed the E-child car driven by the victim D (the age of 68). Therefore, the driver of the vehicle was obliged to pay a duty of care to prevent the accidents of hiding the above vehicle, such as securing and driving the safety distance to avoid the vehicle when the vehicle stops while under the influence of alcohol, by well examining the situation of the vehicle in a state of being driven by the driver of the vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving an excessively adjacent vehicle under the influence of alcohol and received the back part of the said car from the victim D as the front part of the said K7 car.

Ultimately, the Defendant, while driving the said K7 vehicle under the influence of drinking that it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, suffered from the injury of the victim F, such as salt, tensions, etc. of the boom of the trend that requires approximately two weeks of medical treatment to the victim D, and the victim F, who was on the said 2-day vehicle, was in need of medical treatment to the victim F, 49 years of age, respectively.

2. The Defendant is under the influence of alcohol with a blood alcohol concentration of 0.178% from the front of a restaurant where it is impossible to identify the trade name at a place where it is impossible to identify the detailed address at the time specified in paragraph (1) of the Road Traffic Act, from the front of the restaurant to the place specified in paragraph (1) of the same Article.

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