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(영문) 의정부지방법원 고양지원 2019.07.25 2019고단1478
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. On May 11, 2019, at around 15:28, the Defendant was under the influence of alcohol at approximately 0.186% of blood alcohol concentration in the section of about 10km from the 10km to the 18-distance blind road in the middle of the mix of the mutual influent restaurant located in the Puju-si, Puju City, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, 488, and then driven a bkikis kyst under the influence of alcohol concentration of about 0.186%.

2. A violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a Grandroth.

On May 11, 2019, the Defendant driven the said van while under the influence of alcohol, as set forth in paragraph (1) of the same Article, and was in the vicinity of the 18-distance 18-distance Slun-gu, Yongsan-gu, Goyang-si, Goyang-si, Goyang-si, the Defendant driven the front of the 18-distance Slun-gu Slun-do.

In this case, a driver of a motor vehicle has a duty of care to care in advance by accurately manipulating the steering gear and brakes and to prevent accidents.

Nevertheless, the Defendant, under the influence of alcohol, found the ENAS car driven by the victim D(the age of 49) who stops in the front of the traffic signal at the time when he was negligent in driving, while it is difficult to drive the vehicle normally due to the influence of alcohol, late later, and received the part of the victim's vehicle behind the driver's vehicle in front of the passenger vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Criminal Facts and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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