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(영문) 의정부지방법원고양지원 2020.10.07 2020고단2144
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

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

On June 26, 2020, at around 23:46, the Defendant driven the above cargo while under the influence of alcohol of 0.15% 0.15%, and got three-lanes of the four-lanes in the direction of dialogue in the direction of the U.S. East East Police Station in the U.S. Seo-gu, Busan Metropolitan City.

However, since there are frequent traffic of vehicles, in such cases, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.

Nevertheless, due to the negligence that the Defendant neglected this and failed to drive the brake system properly under the influence of alcohol, the Defendant was driven by the victim D (the 54 years old), who was standing in the signal atmosphere at the three-lane prior to the vehicle, and the part behind the E-cellto vehicle driven by the victim D (the 54 years old) was in front of the said cargo vehicle.

As a result, the Defendant driven a cargo in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the rash dynasium and tension, which require medical treatment for about two weeks.

2. On October 16, 2008, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Busan District Court’s subsidiary branch on October 16, 2008.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.15% at the temporary border like Paragraph 1, was driving the said cargo at approximately approximately 200 meters from G on the G road located in Ilyang-gu Seoul Metropolitan Government F to the front road of the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. A criminal defendant's legal statement and a written statement of traffic accident-related persons D;

1. A victim's diagnosis report, a traffic accident report, an inspection report, the circumstantial statement, and an inspection driver;

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