(영문) 의정부지방법원 고양지원 2019.07.04 2019고단1017

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(영문) 의정부지방법원 고양지원 2019.07.04 2019고단1017

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment 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. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a passenger car Benz E400;

On March 18, 2019, the Defendant driven the said car while under the influence of alcohol 0.133% of blood alcohol level on March 18, 2019, while driving the said car, and driving the shooting distance from the Sinsan-dong, Sinsan-dong, Sinsan-dong, Sinsan-dong, Sinsan-dong, Sinsan-dong, Sinyang-do, along the two-lanes from C building to D, and led to the right of way.

In such a case, there was a duty of care to prevent accidents by bypassing the right side while driving the steering boat and brakes accurately by accurately operating the steering boat and brakes while living well on the part of the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving one lane, and the victim E (the 50-year-old) driven by the two-lanes in the same direction due to the negligence of bypassing it to the port of Jung-gu, Busan, and received the front wheel part of the car in front of the Defendant’s vehicle.

As a result, the Defendant driven the said benz car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the benz and the brue, the brue, and the brue of the benz, and the details of the unknown parts.

2. Violation of the Road Traffic Act (driving) the Defendant driven a vehicle B benz E400 while under the influence of alcohol by about about 500 meters in the section of about 00 meters from the front day of the mutually infinite-dong C building, Yongsan-gu, Seoul to the place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes, such as a circumstantial statement report on a driver of the vehicle involved in an accident, photograph of the vehicle involved, diagnostic report, quotation, blood alcohol appraisal report, black records, CDs of the vehicles under consideration, and practical investigation report;

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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