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(영문) 의정부지방법원 2020.05.26 2019고단5413
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than 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

1. On November 6, 2019, the Defendant was driving a two-wheeled vehicle in FW125% under the influence of alcohol concentration of about 1.6 km from the section from the front of the Guri-si B shop C restaurant to the front road located in the same city D at approximately 1.6 km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving a two-wheeled automobile in FW125

On November 6, 2019, the Defendant driving the said two-wheeled vehicle under the influence of alcohol level of 0.088% in front of E in Guri-si D on November 6, 2019, while driving the two-wheeled vehicle under the influence of alcohol level of 0.08% in blood, and driving the two-wheeled vehicle at an insular speed from the direction of the intersection distance in the Guri-si, Seori-si.

In this case, the driver has a duty of care to operate safely by accurately operating the steering system, brakes, and other devices of the vehicle while living well on the part of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the brake system, conflicts with the part concerning the front part of the two-wheeled vehicle operated by the Defendant, following the H CA 100F two-wheeled vehicle in the front section of the two-wheeled vehicle operated by the Defendant.

As a result, the Defendant driven the above two-wheeled vehicle under the influence of drinking, and suffered injury to the victim, such as the left-hand side of knee, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. The actual condition survey report;

1. Standard for application of the circumstantial statement, investigation report, and special Acts to the driver of an alcoholic beverage;

1. A medical certificate;

1. Application of video CD-related Acts and subordinate statutes

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, which is amended by Act No. 16922, Feb. 4, 2020.

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