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(영문) 의정부지방법원 고양지원 2019.09.19 2019고단1610
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B low-speed car;

At around 17:15 on May 12, 2019, the Defendant driven the entrance of the G apartment underground parking lot in Ilsan-gu, Busan-gu, Incheon-gu, Seoul-si, with a blood alcohol concentration of 0.149% while driving the said vehicle under the influence of alcohol.

In such a case, there was a duty of care to operate a person engaged in driving of a motor vehicle by properly manipulating the operation and steering gear while living well on the front side and the left side of the motor vehicle.

Nevertheless, due to the negligence that the Defendant was unable to operate the operation system properly under the influence of alcohol, the Defendant shocked the upper left-hand part of the E-7 car driven by the victim D (the age of 46) coming out of the underground parking lot due to the Defendant's failure to neglect this, into the front-hand part of the Defendant's car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as the above paragraph 1 above, driving a passenger vehicle B with a blood alcohol concentration of about 4.3 km from the front of G cafeteria located in Yongsan-gu, Gyeonggi-gu, Gyeonggi-do to the entrance of the same Simsan-gu C apartment underground parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. An accident site photograph;

1. A medical certificate;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment, respectively, and Article 16037 of the former Road Traffic Act on December 24, 2018.

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