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(영문) 의정부지방법원 고양지원 2019.07.04 2019고단1217
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. The defendant is a person who is engaged in driving a Brane car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 3, 2019, at around 02:05, the Defendant driven the said car while under the influence of alcohol of 0.172%, and led to the driving of the said car at a low-speed high school located in the high-speed mountain zone at the low-speed and low-speed mountain zone at the low-speed and low-speed mountain zone at the low-speed and low-speed mountain zone at the low-speed.

In such cases, the driver has a duty of care to prevent accidents by accurately operating the front and left and right of the driver and accurately operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the Defendant’s franchise for the Defendant’s vehicle following the Defendant’s driving Da of the Victim C (Age 43) who was in the atmosphere of the signal to the front bank due to negligence by failing to see the front bank and not operating the brake system accurately.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) the Defendant driven a B-ho vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.172% at the section of about 2 km from the underground parking lot of the building in Il-dong, Yongsan-gu, Seoul to the shooting distance as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes of a medical certificate (F) ;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).

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