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(영문) 의정부지방법원 고양지원 2020.05.27 2020고단1054
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by imprisonment for a term of one year and two 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 a ra

On March 28, 2020, the Defendant driven the said car while under the influence of 0.142% of blood alcohol level around 21:47, and led the Defendant to bypass the three-lane road along the intersection of the c apartment distance of the Samyang-gu Seoyang-gu Seoul Metropolitan City, Seoyang-gu, Seoyang-gu, 1:60, in accordance with three-lanes from the transmission library to the C apartment.

At the time, the Defendant had a duty of care to immediately stop driving, since it was difficult to drive the steering gear and brakes properly under the influence of alcohol, such as significantly falling the ability to operate the steering gear and brakes.

However, due to the negligence of the Defendant’s failure to properly operate the steering gear in a state where normal operation is difficult due to the foregoing, the Defendant got off the back portion of the victim’s KS 3 car stopped by stoping the stop signal on the Madj-wing line, in front of the left side of the rash car.

As above, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, which requires approximately two weeks of medical treatment.

2. On April 12, 2007, the Defendant received a fine of KRW 700,00 from the Seoul Western District Court as a crime of violating the Road Traffic Act.

On March 28, 2020, around 21:47, the Defendant driven a car described in paragraph (1) while under the influence of alcohol at approximately 0.142% in the section of about 3 km from the front of the F apartment in Gyeyang-gu, Soyang-gu to the point of accident described in paragraph (1).

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statements 1.

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