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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단1750
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving a B franchise;

On April 2, 2019, the Defendant was under the influence of 0.171% of blood alcohol concentration on Apr. 2, 2019, and the Defendant was driving a free-to-land car, which led to the driving of the free-to-land C in front of Mangsan-dong, Mangsan-si along the two-lanes of Pungsan-do, Mangsan-do, in the vicinity of the erobb

In such cases, there was a duty of care to prevent accidents by viewing front, rear, left, and right while under the influence of alcohol to those engaged in driving service and accurately manipulating the brake system.

Nevertheless, the Defendant neglected to do so and failed to operate the brake system accurately while under the influence of alcohol, and thereby failed to do so, received the back part of the Ethbluri-ri-car of the victim D's Ethluri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-car.

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 caused the said victim to suffer injuries such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a motor vehicle described in paragraph (1) while under the influence of alcohol 0.171% in a section of about 2 km from the front of the Ildong-gu U.S. F to the place of accident described in paragraph (1) at the time of the rapid border specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Act and subordinate statutes to one de facto survey report, on-site photograph, the circumstantial statement of a host driver, the diagnostic report, and the black and video CD;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving and the choice of imprisonment), and Articles 148-2(2)2 and 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.

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