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(영문) 의정부지방법원 고양지원 2019.09.18 2019고단1842
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 engaging in driving cars BM5

On May 4, 2019, the Defendant driven the above car at around 00:30, while driving it from May 4, 2019, came to turn to the left by driving it from the D High School to the E apartment at the same time.

Since there is a yellow on-and-off signal, there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving service to see the right and the right and the right and the right and the right, and by making it known to other traffic or safety signs.

Nevertheless, the Defendant neglected this and received the front portion of the Victim F (19 years old) driving GLIM 110-wheeled Vehicle, which was driven along the two-lanes, from the direction of the PLM 110-wheeled Vehicle, from the direction of the PLM 110-wheeled Vehicle, by driving the said vehicle in a state where it is difficult to drive the vehicle in a normal manner with a strong distance, such as red face, while driving the vehicle in a state where it is difficult to drive the vehicle in a normal manner.

Ultimately, the Defendant suffered injury to the victim, by negligence in the above business, in which there are no two or more difficulties in treating the victim for about two weeks open.

2. Violation of the Road Traffic Act (MM5) driving a BM5 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.126% at a section of about 800 meters from the first road near H located in Il-dong, Yongsan-gu, U.S., Sinyang-si to the death distance of the same Gu from the date and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

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

1. Accident site and vehicle photographs;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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