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(영문) 의정부지방법원 2020.02.14 2019고단5470
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea on December 31, 2013.

1. Around September 23:15, 2019, the Defendant was driven a D horse with a blood alcohol concentration of about 0.158% in the section of approximately 3 km from a public parking lot near Dong-si to the roads in front of the C apartment in the same city, at the Government-si around September 15, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a car at D horse.

On September 15, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.158% 0.15% while under the influence of alcohol around 23:15 on September 15, 2019, and led to the driving of the said car to the front road of his own government apartment at the speed of potent from E to the potent.

There is a place where the center line of white domin line is installed for the pattern of the opposite direction, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by safely driving the motor vehicle along the vehicle line by thoroughly operating the steering gear and properly operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and went along the center line by the negligence, and received the part on the left part of the passenger car of the victim F(F, 52 years old) driving G rash in the traffic signal waiting at one lane in the opposite rash line.

As above, the Defendant driving a car at the horse with the difficulty of driving normally due to the influence of alcohol, and suffered injury to the victim, such as a wound-free prop, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The actual condition survey report;

1. Notification of the result of the drinking driving control;

1. On-site photographs;

1. Before judgment:

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