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(영문) 의정부지방법원 고양지원 2020.02.19 2019고단3335
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

1. Around 23:48 October 26, 2019, the Defendant driven a FObbb in the state of under the influence of alcohol 0.101% of alcohol content from a section of approximately 200 meters from the roads in the Yongsan-gu Incheon Metropolitan City B to the roads in front of the shooting distance of the E pharmacy located in the same Gu D.

2. The defendant is a person who is engaged in driving the FOba in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 26, 2019, the Defendant, while under the influence of alcohol around 23:48 on October 26, 2019, driven the above Obaba, leading from C to Gmiddle-gu, Goyang-gu.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a condition that it is difficult to drive a motor vehicle normally due to influence of alcohol, and there was a duty of care to ensure the safety distance with the vehicle ahead and the vehicle ahead and prevent the accident by driving it.

Nevertheless, as seen above, the Defendant, while driving a vehicle while normal driving is difficult due to influence of drinking, was driven by the victim H (the 18-year-old) who was under the influence of signal in the margin before and after the same, without discovering the lebane.

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

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A traffic accident report;

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

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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