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(영문) 의정부지방법원 고양지원 2019.09.05 2019고단1969
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. The defendant is a person who is engaged in the business of driving freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 24, 2019, at around 14:39, the Defendant driven the foregoing cargo vehicle, and had Goyang-gu C, Soyang-gu, Goyang-gu, D, under the influence of alcohol 0.262% of the blood alcohol concentration, make the vehicle bypass from the direction of the strike of the same Gu E from the direction of the strike of the same Gu.

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, the Defendant neglected to do so and neglected so and led to the negligence of being driven on the right side by the victim F (the age of 68) who was driven by the victim F (the age of 68) who was driven on the right side of the front left side of the Defendant, and shocked into the front part of the cargo vehicle of the Defendant.

After all, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tension, etc., which requires approximately two weeks of medical treatment.

2. On the same date and time as the above paragraph (1) of the Road Traffic Act, the Defendant driven the above cargo while under the influence of alcohol 0.262% of the blood alcohol concentration from approximately 300 meters to the same Gu E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, report on the control of drinking driving, notification on the fact of the control of drinking

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Election of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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