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(영문) 의정부지방법원고양지원 2020.10.19 2020고단2081
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On November 15, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court.

1. On June 13, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) was driven by Boldo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si in order to drive the Boldo-dong-dong-dong-dong

In such cases, the defendant who drives a motor vehicle has a duty of care to look at the front and rear left, and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the “G” of the written indictment against the victim C, which was under the influence of alcohol while driving without being negligent, appears to be a clerical error in the front direction of the Defendant’s proceeding.

(Nam, 62 years old) Driving Doz car was found to be late behind, and due to the negligence of the defendant's vehicle's failure to avoid, the part behind the victim's vehicle was found to be the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above.

2. On June 13, 2020, the Defendant, while under the influence of alcohol 0.192% on blood alcohol level around 16:11, 202, operated B-do car within the section of about 46 km from the E front in Nowon-gu in Seoul Special Metropolitan City to the place where the accident occurred.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the circumstantial statements of the F and C, the report on the control of drinking driving and the report on the request for appraisal;

1. A medical certificate;

1. Bluckings for vehicles and caps;

1. Records of driving under the influence of judgment:

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