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(영문) 의정부지방법원 2019.11.26 2019고단2416
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles Bi40.

On April 23, 2019, the Defendant driven the said car while under the influence of alcohol of 0.155% of blood alcohol concentration on April 23, 2019, and driven the road of four-lanes in front C at his/her own Government, at a speed of not being known to D in accordance with two-lanes from the direction of the axis.

Since there are vehicles prior to each other, there was a duty of care to prevent the accidents leading to the vehicle as seen earlier, such as thorough operation of the vehicle and accurate operation of the steering wheel and brakes while under the influence of alcohol to a person engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty under the influence of alcohol, and neglected to do so, and instead neglected to do so, received the back part of the F bargaining Motor Vehicle driven by the victim E (the age of 66) in the same direction as the front part of the said i40 Motor Vehicle driven by the Defendant.

Ultimately, the Defendant driven the said i40 vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as brain, which caused no head-heat, requiring a two-day medical treatment, and the injury to the victim G (the age of 61) who was accompanied by the damaged vehicle for about two weeks, respectively.

2. The Defendant violated the Road Traffic Act (driving) driving a car B 140% while under the influence of alcohol with approximately 4 km alcohol concentration from the 4km section to the place indicated in the above paragraph (1) on the road near H apartment at the time of the government of the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

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

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to the scene of accident.

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