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(영문) 의정부지방법원 2020.10.27 2020고단3508
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

The defendant is a person who is engaged in driving a low-speed vehicle B.

On January 23, 2020, at around 23:35, the Defendant driven the said vehicle under the influence of alcohol level of 0.184%, while normal driving is difficult, and drive the said vehicle at a non-speed speed depending on one lane, driving the two-lane in front of the valley, Jeoncheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-do, Gicheon-do, Gicheon-do, the central separation of which is installed, from the ebbcheon-do

Since the place is at the place of yellow solid lines and the center separation cost, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly drive the motor vehicle at the front time and to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle, which was driven along the vehicle line in the opposite direction at the time when the Defendant was negligent in driving beyond a place where the center separation is installed, due to the influence of alcohol, and was in the front part of the Defendant’s driving vehicle.

After all, the Defendant suffered injury to the victim C by the foregoing occupational negligence, which requires approximately four weeks of treatment, and suffered injury to the victim E (the 25 years of age) who is a passenger of the said low-priced vehicle. In addition, the Defendant suffered injury to the victim E (the 25 years of age) for about 12 weeks of treatment.

Summary of Evidence

1. Statement of the police on the defendant's legal statement C, traffic accident and actual situation investigation report;

1. Application of the circumstantial statement report, investigation report, blood alcohol appraisal report, investigation report (C), diagnosis report (E) and Acts and subordinate statutes on the site of an accident;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) as to the crime under the corresponding provision of the relevant Act, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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