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(영문) 의정부지방법원 2020.10.20 2020고단3762
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 a vehicle B high-speed.

On July 9, 2020, at around 01:50, the Defendant driven the said car under the influence of alcohol with 0.121% of alcohol level 0.1%, and, at the southyang-si, the Defendant driven the four-lane road in front of C in front of the Southern-si, toward the air exhausters from the new side of the road in front of the South-do.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front side and right side well, operating the steering wheel and brake system accurately.

Nevertheless, while neglecting this, the Defendant was negligent in driving a vehicle under the influence of alcohol and received the back portion of the Estststy cab driven by the victim D (ma, 59 years old) who stops in the air at the front of the Defendant, as the front part of the said car.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks, and the injury to the victim F (F, South and 30 years old), who was accompanied by the damaged vehicle, to the victim F (F, South and 30 years old) who was accompanied by the damaged vehicle for about two weeks in an open space where treatment is required.

2. The Defendant violated the Road Traffic Act (driving) temporarily and at the same time, driven a B low-speed car in the state of alcohol alcohol concentration of about 0.121% from the parking lot in the middle-gu Seoul Metropolitan Government Franc-dong to the roads referred to in the above paragraph (1).

Summary of Evidence

1. A written investigation report on the actual status of victims D in the defendant's legal statement, and a diagnosis report on each victim;

1. The circumstantial statement report, the investigation report (the circumstantial report of the home-employed driver), the status of the home-employed driver, and the report.

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