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(영문) 의정부지방법원 2020.04.29 2020고단154
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 engaged in driving B QM6 automobiles.

At around 20:30 on December 18, 2019, the Defendant, while under the influence of alcohol level 0.181%, driven the said car at a four-lane road in front of C in Yangju City, and driven the said car in the direction of short distance from D direction.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to report the situation of anti-traffic well and accurately manipulate the steering gear, etc. so that he/she shall safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and failed to accurately operate the brakes, etc. due to driving, and was under the influence of the Defendant’s vehicle behind the Franzed part of the Defendant’s passenger vehicle driven by the victim E (Nam and 40 years old) who was standing in the front of the passenger vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as chest dump, which requires treatment for about two weeks, to the victim.

2. On June 20, 2008, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the District Court of Jung-gu on June 20, 2008.

At around 20:30 on December 18, 2019, the Defendant driven a B QM6 car while under the influence of alcohol level 0.181% from the Do in front of G to the front of C in the same city of approximately 300 meters.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual situation, a report on the occurrence of a traffic accident, and a photograph of the accident site;

1. The circumstantial statement of the employee;

1. A medical certificate;

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