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(영문) 의정부지방법원 고양지원 2019.01.03 2018고단2739
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On August 30, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BK5 automobiles with blood alcohol concentration of 0.124% under the influence of alcohol level around 00:40 on August 30, 2018 and continued two lanes between the two-lanes in the direction of the Japanese-dong C Apartment at the high altitude-dong, Yongsan-gu, Busan Metropolitan City.

At night, the passage of the view of the view was going through due to the low speed of night, and there was a limited speed of 48 km per hour at 60 km at that time, and the speed of 20 km at that time. On the front of the Defendant’s vehicle, the E-learning car driven by the victim D (the age of 40) was a signal waiting, so in such a case, the driver was obliged to pay a duty of care to prevent accidents by properly manipulating the steering direction and brakes by reducing speed and properly operating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and proceeded at a speed of about 108 km per hour without being bound by the Defendant’s negligence, which led to the Defendant’s failure to keep it under the influence of alcohol, and led to the Defendant’s collision with the front part of the Defendant’s vehicle, which was in the top of the left-hand signal at the two-lane front of the Defendant’s proceeding direction.

Ultimately, the Defendant driven the said K5 vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, resulting in injury to the victim, such as the closure frame of the offline of the part that requires approximately six weeks medical treatment.

2. Violation of the Road Traffic Act (driving) the Defendant driven a B K5 vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.124% at the section of about 3 km from the front of the F building in Il-dong, Yongsan-gu to the place specified in paragraph 1 of the same Article at the time of the temporary border stipulated in paragraph 1 of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report, on-site photographs, notification of the results of the drinking driving control, a report on the state of a drinking driver, a medical certificate, and a black and video CD.

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