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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1612
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 driving a motor vehicle with a hurburged motor vehicle B in violation of the Act on the Aggravated Punishment of Specific Crimes;

On June 1, 2019, the Defendant driven the said car at around 20:30, and driven the said car at the ancient city along the two-lanes between the two-lanes from the sloping Station, the 8-20-gil, Seoyang-gu, Busan Metropolitan City, Seoyang-ro, 214.

Since there is a remote distance in which signal apparatus has been installed, there was a duty of care for those engaged in driving service to live well on the right and the right and the right, and to safely drive the safety distance.

Nevertheless, the Defendant neglected this and received the rear part of the victim C(53 years old)'s D QM6 vehicle waiting according to the stop signal at the front part of the said Aburged vehicle in a state that it is difficult for the Defendant to drive the said vehicle under the influence of alcohol with an inaccurate 0.164% of alcohol, with a red and difficult face to keep the situation at all at the time, and without viewing the front part of the said vehicle, while driving the said vehicle at the front part of the said Aburged vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tensions, etc. in need of treatment for about two weeks, and the injury to the victim E (V, 51) who was accompanied by the said QM6 car, respectively, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a vehicle with blood alcohol concentration of approximately 0.164% from the 1km section of approximately 1km to the shooting distance in the dialogue park located at approximately 8-20 Doo-ro 214, Goyang-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the practical survey report, accident site photograph, report on the statement of the status of a drinking driver, each medical certificate, and the actual results inquiry of a drinking driver;

1. Criminal facts;

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