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(영문) 의정부지방법원 고양지원 2020.02.19 2019고단3141
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. The defendant is a person who is engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

At around 16:00 on October 2, 2019, the Defendant driven the above vehicle and proceeded at a speed of about 50 km from the “luminous coal” to “D community hall” on the side of “luminous coal.”

There is a duty of care to ensure the safe operation of the vehicle by thoroughly operating the steering gate and operating the steering system accurately, as a one-lane road in which no signal, etc. is installed.

Nevertheless, the Defendant neglected this and led to an inaccurate breath alcohol concentration of 0.206%, and the Defendant’s negligence by driving the said vehicle in a state where normal driving is difficult due to influence of drinking, such as insular distance, and making it difficult to drive the said vehicle on the center line, and caused the Fsch Rexton’s driver’s seat level on the part of the victim E (the 30-year-old driver’s 30-year-old driver’s seat level on the part of the driver’s seat of the said driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant on the G-road at the temporary border as specified in paragraph (1) of this Article, while under the influence of alcohol concentration of about 0.206%, from the section of about 5km from the G to the front of the Gyeonggi-Pacific Road.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 148-2 (3) 1 of the Road Traffic

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