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(영문) 의정부지방법원 고양지원 2020.05.14 2020고단149
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On January 30, 2009, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act (driving on Motor Vehicle) at the Goyang Branch of the District Court.

On November 30, 2019, the Defendant was under the influence of 0.156% of blood alcohol concentration, such as the string distance, the Defendant driven a B camping motor vehicle with a view to driving a motor vehicle with a view to 0.156% of 0.15% of alcohol level, and driven from the boundary line to the boundary line of the west-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. The Defendant driven a motor vehicle with a view to two-lanes from the boundary line to the boundary line.

At the same time, the D-cracked car driven by the victim C(n, 30 years of age) was parked in the signal atmosphere, so the driver of the vehicle has a duty of care to reduce the speed and maintain the safety distance and prevent the accident in advance.

However, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting it and received the left-hand part of the pertinent cruise car at the right-hand side of the front-hand part of the said cruise car.

The Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, suffered injury to the victim E (the aged 35) who was on board the said C and the said cruise motor vehicle along with each other, for about two weeks in need of medical treatment, such as salt, tension, etc., and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. A traffic accident report;

1. Each written diagnosis;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 1692 of Feb. 4, 202), Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime

1. Trade name;

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