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(영문) 의정부지방법원고양지원 2020.11.05 2020고단1556
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 engaging in driving cars BM5

On April 17, 2020, the Defendant driven the above car on April 15:15, 2020, and led to the intersection of the three-lane in front of Seoyang-gu, Seoyang-gu, Hongyang-si along the two-lanes between the two-lanes from the side of the road to the original Heung Underground Road.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well look at the front side and the left side, and accurately operating the steering and brakes, etc.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol concentration of 0.150% and proceeded as it is, due to the negligence of the Defendant’s failure in driving on the front side of the Defendant’s driving vehicle, brought the part of the victim D(W, 39 years old)-K5 vehicle back to the front part of the Defendant’s driving vehicle.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt d, victim F (ma, 40 years old) for about two weeks in need of medical treatment.

2. The above SM5 car was driven under the influence of alcohol of about 0.150% from the 4km section from the date and time set forth in Defendant 1 of the Road Traffic Act to the above 4km-gu Uniform Road in Gyeyang-gu.

Summary of Evidence

1. Written statements of the defendant in court;

1. Application of the Acts and subordinate statutes to each medical certificate for traffic accident reports, accident site photographs, inquiry into the results of the crackdown on drunk driving, the report on the circumstantial statement of a drinking driver, and the video copying CDs;

1. The former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020 and enforced May 5, 2020), Articles 148-2(3)2 and 44 of the Road Traffic Act concerning criminal facts.

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