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(영문) 의정부지방법원 2019.03.20 2019고단371
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

The defendant is a person who is engaged in the driving of a cargo vehicle B.

1. On December 17, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the above cargo while under the influence of alcohol content of 0.193% on blood alcohol level on the surface of December 17, 2018, and driving the front of the D road located in Gangwonwon Steel-gun, Gangwon-gu, Gangwon-do, with the direction of the dial distance from the surface of the dives

At all times, there is a one-lane road with the center line of yellow solid lines, and thus at night, in such a case, there was a duty of care to protect the vehicle driving person, as well as to prevent the accident by accurately manipulating the steering gear and accurately.

Nevertheless, the Defendant, on the inside of the road, cross-ramped by opening a red light and opening a light. At a location of about 30 cm away from the inside of the road, the Defendant met the central line by the negligence of snacking the center, and the part on the left-hand side of the victim E (the age of 57) driving, which was normally driven along the normal lane in the direction of the right-hand side of the cargo vehicle of the Defendant.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as a chest boom, which requires medical treatment for about six weeks, to the victim.

2. On the date and time set forth in paragraph (1), the Defendant driven the foregoing cargo vehicle while under the influence of alcohol of about 700 meters of alcohol concentration of 0.193% from the section from the front of the Kuwon-gun G to the front road located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site map;

1. On-site photographs;

1. Making a report on the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. Written estimate;

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

1. Criminal facts;

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