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(영문) 의정부지방법원 고양지원 2020.05.28 2020고단680
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a person engaging in driving a B franchise;

On January 19, 2020, at around 00:50, the Defendant driven the said car with a blood alcohol level of 0.190% 0.190%, and led the front way of the bus stops of the village bus at the city of Manyang-dong, Busan-gu, U.S., to proceed from the side of the registration office of the vehicle.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was unable to drive normally due to the influence of alcohol, such as a string, in a state that the face is red, inaccurate, and walked, and due to the influence of alcohol, and received the back part of the E-5 car driven by the victim D (ma, 53 years old) who was waiting in the front part of the vehicle in which the Defendant is driving.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment.

2. Around 00:50 on January 19, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driving from a restaurant front of the restaurant where it is impossible to identify the trade name in the daily-dong meal Dong at the ancient city to the front side of the C Village bus stops to a level of about 3km alcohol concentration of 0.190%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, site photograph of the accident, report on the statement of the status of a employed driver, report on the appraisal request and report on detection of a employed driver;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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