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(영문) 의정부지방법원 2020.11.24 2020고단689
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 9, 201, and a fine of KRW 5 million for a crime of violation of the Road Traffic Act (Refusal of Drinking Measures) at the Jung-gu District Court on July 17, 2019, respectively.

The defendant is a person who drives a B E-car as his duties.

Around 00:55 on November 9, 2019, the Defendant was under the influence of alcohol of 0.104% by blood alcohol level, and was under the influence of 0.104% by the school wall-based 10, 89-gil, Gecheon-gun, Gyeonggi-do, and driven the said car to the East Tricheon-si.

A person who drives a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to safely drive the motor vehicle in accordance with the signals instructed by the signal apparatus and prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant, while driving a motor vehicle with low judgment and net power due to drinking, received the victim C (43 years of age, al.g., g., g., g., g., from the front part of the said motor vehicle) who was driving a motor vehicle in violation of the signal while driving the motor vehicle while driving the motor vehicle, and suffered approximately 10 weeks of a serious sloping frame for treatment.

As a result, the defendant driving a motor vehicle without a driver's license at least twice while driving a motor vehicle, and driving a motor vehicle under the influence of alcohol makes it difficult to drive the motor vehicle normally and sustained injury to the victim.

Summary of Evidence

1. A written diagnosis of the defendant's legal statement C and each police protocol of statement D;

1. Notification of the results of the drinking-driving control, the report on the circumstances of the drinking-driving driver, and the investigation report (report on the circumstances of the drinking-driving driver);

1. Inquiries, inquiry reports, investigation reports (verification of past records, such as running sound driving), and the application of a copy of judgment statutes;

1. Criminal facts;

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