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(영문) 의정부지방법원 2019.07.24 2019고단1387
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 the person engaged in driving automobiles B;

On January 17, 2019, at around 23:45, the Defendant driven the said car while under the influence of alcohol 0.103% of alcohol level 0.103%, and was driven at the top of the two-lanes in front C in the southyang-si, the Defendant was driven at the speed of the police box to the sloping.

In such cases, a person engaged in driving of a motor vehicle who is difficult to drive a motor vehicle normally due to influence of alcohol shall not drive a motor vehicle, and has a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant continued to drive normally to the extent that it is difficult for the Defendant to accurately operate the steering wheel and brake system, and was in the front part of the victim D(55 years old), which was previously driven by the Defendant, to the extent that it was difficult for the Defendant to accurately operate the steering wheel and brake system, with the front part of the passenger car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from injury, such as salt pans, tensions, etc., in which light chills and tensions need to be treated for about three weeks to the victim F (the 47 years of age).

2. The Defendant violated the Road Traffic Act (driving) driving a car in the above column while under the influence of alcohol of 0.103% of the 4 km section from the near the office near the office near the Jinyang-Eup at the same time and in the above accident place, from the point where the above accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual survey report and the accident site photograph;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Each written diagnosis;

1. Acts and subordinate statutes, such as CDs and videos.

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