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(영문) 의정부지방법원 고양지원 2020.04.29 2020고단284
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and eight 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

On March 26, 2015, the Defendant received a fine of KRW 2.5 million as a crime, such as the violation of the Road Traffic Act, in the Goyang Branch of the District Court in order to support the Defendant.

The defendant is a person who is engaged in driving a BM3 car.

On December 5, 2019, at around 16:25, the Defendant driven the said car with a blood alcohol concentration of 0.231%, and driven it along three-lanes in front of the multilateral intersection, which is on the Cheongju-si, at the Cheongju-si, and proceeded along three-lanes from the intersection towards the intersection in the mountain.

At the time, the Defendant was unable to drive normally due to the influence of alcohol while under the influence of alcohol, such as making it difficult for the Defendant to set the steering gear and brakes properly, and significantly undermining the ability to operate the steering gear and brakes, so there was a duty of care to immediately stop driving to the person engaged in driving service.

As above, the Defendant was negligent in neglecting the steering gear and brakes while under the influence of alcohol and failure to properly operate the steering gear and steering system, and due to the negligence of the Defendant’s failure to operate the steering gear and steering system, the part concerning the back part of the victim’s Daniba car, which was stopped at the three-lane upstreams above, was committed as the front part of the said SM3 car.

As above, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report, report on the occurrence of traffic accidents, and on-site photographs;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Consent to blood collection, written confirmation, written request for blood appraisal, and written appraisal of blood alcohol;

1. On-going reports on drivers, and on the results of the control of drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Inquiry reports, investigation reports (verification of suspect's records of driving under the influence of alcohol), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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