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(영문) 의정부지방법원 고양지원 2019.06.20 2019고단935
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. The defendant is a person who is engaged in the business of driving Bsch Rexton sports cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 7, 2019, around 06:42, the Defendant driven the above cargo while under the influence of alcohol concentration of 0.110% in the front of the Goyang Sports Center located in 896, Seoyang-gu, Mangsan-gu, Sinsan-gu, Sinsan-si, 201, and continued to run the above cargo to C on the surface of the port of the port.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents such as safe operation by properly operating the operation of the system and steering gear while living well on the front side and the right side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the brakes properly, and the victim D (the aged 53) who was standing on the front of the cargo vehicle of the Defendant was driven by the victim D(the age of 53) who was driving on the front of the cargo vehicle of the Defendant, and the part on the front of the left side of the cargo vehicle of the Defendant was shocked.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as brain-dead sugar without an open head, which requires approximately three weeks of medical treatment, and injury to the victim F, who is the passenger of the said G80 car, for approximately two weeks of medical treatment, such as salt, tension, etc.

2. Around 06:42 on April 7, 2019, the Defendant driven the above cargo vehicle under the influence of alcohol by 0.110% at the 3km section from the front parking lot of the “H store” located in the Dong-dong G in the Gyeonggi-gu Gyeonggi-gu Seoul Metropolitan City to the front distance of the Goyang gymnasium located in 896 in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Each written diagnosis shall be subject to the law.

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