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(영문) 의정부지방법원 고양지원 2020.05.27 2020고단679
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years 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 D Driving) the Defendant was a person engaging in driving a car in the B SP area. On February 23, 2020, the Defendant driven the said car while under the influence of alcohol at 0.137% of blood alcohol level on February 23, 2020, and driven the road in front of the “D” restaurant in Ilyang-gu C in Ilyang-dong, Busan-gu.

In such cases, there was a duty of care to check the direction of traffic to the person engaged in driving service and proceed with it in a normal direction.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally due to the influence of alcohol such as a string distance, etc. while being in a difficult condition due to the influence of alcohol, and received the front part of the Fra car driven by the victim E (the age of 41) who was waiting for a signal at the opposite direction due to the negligence of driving the center line, and led to the front part of the Fra car driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as “damage to the fresh’s fresh and power lines,” which requires approximately three weeks of medical treatment, and suffered injury on the victim G (V, 38 years of age) who was on board the damaged vehicle for approximately two weeks of medical treatment.

2. On February 23, 2020, the Defendant driven a B SP vehicle under the influence of alcohol at approximately 1.4km section of approximately 0.137% of blood alcohol concentration, from the 1.4km section to the front road of the “D” restaurant located in the same Gu C, Goyang-dong, Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by E;

1. Traffic accident report, report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and each written diagnosis;

1. An accident site;

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