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(영문) 의정부지방법원고양지원 2020.09.10 2020고단1688
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. 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 motor vehicle B.

On May 23, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.157% in blood alcohol level around 01:20 on May 23, 2020, and was moving back from C ahead of the sowing.

In such cases, there was a duty of care to safely drive a motor vehicle by making it possible for a person engaged in driving a motor vehicle to live well on the front side and the left side, and preventing a collision with other parked vehicles.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of alcohol and neglected to do so, which led to the Defendant’s negligence, brought the front part of the Defendant’s vehicle in front of the Defendant’s vehicle D (Woo, 47 years old) drive, E-Wood vehicle, which was parked behind the Defendant’s vehicle, into the rear part of the Defendant’s vehicle.

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.

2. The Defendant, at the time and place specified in paragraph (1) of this Article, driven a B-to-purd vehicle at approximately onem section while under the influence of alcohol 0.157% of alcohol level.

Summary of Evidence

1. A written diagnosis of the defendant's legal statement D, a survey report on actual conditions of the victim's treatment, etc., inquiry into the results of the crackdown on drinking driving, a report on the situation of the driver's driver, notification of the results of the crackdown on drinking driving, reporting on the occurrence of a traffic accident, and application of Acts

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act are stated.

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