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(영문) 의정부지방법원 고양지원 2019.01.11 2018고단2650
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. On August 20, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant driving a two-lane car with blood alcohol concentration of 0.123% under the influence of alcohol level around 06:50 on August 20, 2018, and driving a five-lane road in front of the 258 two-lane distance from the shooting distance of the oil high school along the two-lane.

At the time of the defendant's vehicle, the D Launa car driven by the victim C(48 years old) was a signal atmosphere, so the driver of the vehicle has a duty of care to take into account the traffic situation of the vehicle well and to prevent the accident by accurately manipulating the steering direction and brake system in advance.

Nevertheless, the Defendant was negligent in driving stroke while under the influence of alcohol, and the part behind the above rocketing vehicle, which was in the same direction as that of the vehicle at the time when stroke, was followed by the front part of the Defendant vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, resulting in injury to the victim, such as light salt, which requires treatment for about two weeks, and at the same time damaged the said rocketing car by occupational negligence to cover KRW 2,001,000 for repairing costs.

2. Violation of the Road Traffic Act (driving) the Defendant driven a B-ro car in the state of alcohol with approximately 10km alcohol concentration of about 0.123% from the section of about 10km from the front of the F-si, Yeongdeungpo-gu, Seoul to the front road of the 258 two-dimensional distance.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant's car is not covered by mandatory insurance at the time and place specified in Paragraph 2.

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