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(영문) 의정부지방법원 고양지원 2020.01.17 2019고단3290
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 engaged in driving a motor vehicle B.

around 02:04 on October 5, 2019, the Defendant continued two-lanes in front of the 4-round dialogueed road located in the Yongsan-gu Diplomatic Zone in Mangsan-si at Mangsan-si.

At the time, since it is night and a lot of vehicle traffic, there were duty of care to prevent accidents in advance by accurately operating steering devices and brakes with a prior steering force.

Nevertheless, the Defendant neglected to do so and did not look at the right side of the vehicle while under the influence of alcohol, and caused the victim C(55 years old)'s driving of the three-lane due to the negligence of changing the vehicle's course, which led to the right side of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the horse in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (driving a sound driving) was driven by the Defendant under the influence of alcohol with a level of about 500 meters alcohol concentration of about 0.156% from the 5th radius near the dialogueed area in Yongsan-gu, Yongsan-gu, U.S., U.S. to the four front-round road in the dialogueed area.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents and on-site photographs;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the provision of Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Aggravation for concurrent crimes;

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