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(영문) 의정부지방법원 고양지원 2021.01.20 2020고단3058
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three 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 driving a vehicle B A6 vehicle D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 4, 2020, the Defendant driven the said car under the influence of alcohol level of 0.184% from blood alcohol level of 0.13:05 on October 4, 2020, and continued two-lanes of 7-17, Hanyang-ro, Seo-gu, Seoyang-gu, Seoyang-gu, 856, Seoyang-si, 856, 3, Hanyang-ro, 3, Goyang-ro, 3, from the C room to the high sports hall.

In such cases, the driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to operate the motor vehicle safely and prevent accidents in advance.

Defendant 1 was negligent in performing the duty of care as seen above, while neglecting such duty of care, and was negligent in driving the victim D's D's driving E, which was stopped under the signals of signal, etc. prior to the direction of the course of the course of the course, and received the back part of 560 automobiles from the victim D's driving E, which was stopped under the signals of signal, etc.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, was injured by the victim D and the victim F, who was on board the motor vehicle at the victim D, respectively, by the victim F, who is in need of approximately two weeks medical treatment.

2. On May 10, 2007, the Defendant received a fine of KRW 500,00 from the Incheon District Court as a crime of violating the Road Traffic Act.

The Defendant driven a car under the influence of alcohol level of about 0.184% in a section of about 57 km from the date and time set forth in paragraph 1, and from the Do near the west-gu of Sungnam-si to the 3rd Do of Goyang-si, Goyang-si to the 3rd Do of Goyang-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on the occurrence of a traffic accident;

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