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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단3558
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving vehicles BMW 420D

On October 9, 2019, at around 00:10, the Defendant driven the above BM 420d vehicle while under the influence of 0.134% of blood alcohol concentration, and continued to turn to the left at about 50 km per hour at the speed of 0.5 km along the two-lane distance intersection between the two-lane and the two-lane between the two-lane.

Since there is an intersection where the left turn signal is installed, there was a duty of care for those who are engaged in driving of a motor vehicle to live well on the front side and the left side, to accurately operate the operation and the steering gear, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected so doing so, and even though he did not look at the front part of the vehicle in a situation where it is difficult to drive the vehicle at a normal level to the extent that the pedestrian is still under the influence of driving, due to the negligence that led to left-hand turn while driving the vehicle at the right-hand signal at the right-hand signal on the opposite side of the traffic, the front part of the victim D (Nam, 20 years old), who driven the otoba in accordance with the straight-on signal at the right-hand signal, was shocked with the front part of the above BM 420-D vehicle.

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

2. Around 00:10 on October 9, 2019, the Defendant driven BM 420d vehicles under the influence of alcohol concentration of approximately 1.5km in the section of approximately 0.134% from the Do adjacent to the restaurant located in Yongsan-gu, Yongsan-gu, Manyang-si to the H adjacent road in the Manyang-si, Manyang-si, the Defendant driven BM 420d vehicles under the influence of alcohol concentration of about 1.5km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements of J and K;

1. A traffic accident inspection report, notification of the results of the drinking driving control, and a drinking driver;

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