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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1602
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 Bk5 automobiles.

On April 29, 2019, the Defendant driven the said car with blood alcohol concentration of 0.151% at the front of C Apartment at the time of Pakistan on April 22:57, 2019, and led it to the D Apartment from the side of C Apartment.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to safely drive a motor vehicle, such as operating a motor vehicle with a duty of care by properly operating the steering and steering gear by checking the center line in good condition without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and neglected to do so, brought about the right door of the passenger car driven by E in the opposite part of the Defendant’s vehicle, which was driven by E, due to the negligence of driving the central line, into the right upper part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim G (the age of 52) by suffering from a tension, such as a tree and a seal, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and on the same date, driven the B k5 car while under the influence of alcohol of about 0.151% from the 1km section from the 1km section to the c apartment road in the Ham of Pakistan.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The application of Acts and subordinate statutes of the proviso to truth, a report on the occurrence of traffic accidents, field photographs, drinking driving control results, inquiry and notification, and the application of the proviso to dust;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts and Article 148-2(2)2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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