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(영문) 의정부지방법원 고양지원 2020.06.05 2020고단644
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

[Criminal Power] On May 27, 2013, the Defendant was issued a summary order of a fine of three million won by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

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 February 5, 2020, the Defendant driven the said car while under the influence of alcohol 0.124% of blood alcohol level on February 5, 2020, and led to the driving of the said car, leading the front road of Gyeyang-gu, Changyang-gu, Changyang-gu, Seoul, to the tri-dong distance from the tri-dong.

In this case, there was a duty of care to care for those engaged in driving vehicles to well look at the front side and left side, and to accurately operate steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant is driving ahead of the front part of the vehicle that the Defendant is driving by neglecting his/her face while it is difficult to drive normally due to influence of drinking, such as influence of red, inaccurate, smelling in the entrance, and so on.

A victim D(57 years old) was driven by the victim D(57 years old) who was waiting for a signal and received the back part of the E rocketing taxi.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “infection, tension, etc.,” which requires approximately three weeks of medical treatment.

2. On February 5, 2020, the Defendant: (a) around 23:05, the Defendant driven B K7 cars while under the influence of alcohol at approximately 0.124% of alcohol alcohol concentration from around 3km section of approximately 3 km to the same front road of the same day from the front road of the Gyeyang-gu Gyeyang-gu Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do; and (b) around 23:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, and a report on a traffic accident;

1. Making a report on the control of drinking driving;

1. A medical certificate;

1. An accident site photograph;

1. An investigation report (to be contacted with victims and not submitted a written statement);

1. Before judgment:

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