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(영문) 의정부지방법원 2019.10.29 2019고단2037
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 22:50 on January 10, 2019, the Defendant driven a C low-speed car with a blood alcohol concentration of 0.104% from the 2km section from the 2km road near the Magjin-dong, Gwangjin-gu, Seoul to the Gurisi road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a C low-speed car.

On January 10, 2019, at around 22:50, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, and led the three-lanes of the B Part B of the Guri-si to go along the direction of the Gurigamba, along the two-lanes.

In such cases, the driver has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle and to prevent the driver from driving the vehicle at a speed or in a manner that may cause danger and harm to others according to the road traffic situation and the structure and performance of the vehicle.

Nevertheless, the Defendant neglected to operate the bus in a state where normal driving is difficult due to influence of drinking and failed to properly operate the brake system, etc., and failed to find out the F-high speed bus driven by the victim E (the age of 35) along two lanes in the same room, and received the back part of the bus with the part of the front part of the car driven by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as the head of the motor vehicle requiring treatment for about two weeks, and the pipe and tension of the part where the details are unknown, and the Defendant sustained bodily injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes to reports on the results of the control of drinking driving and the circumstantial statements of drinking drivers;

1. Criminal facts;

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