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(영문) 의정부지방법원 고양지원 2020.05.14 2020고단433
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 July 11, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Seoul Southern District Court.

1. On January 18, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant), while under the influence of 0.115% of the blood alcohol concentration at the intersection of the Goyang-dong, Seoyang-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the Defendant was driving as his duties the B Rapcom car at a speed of 40km in the direction of the Seoul Hayang World Cup stadium.

At the time, since it is an intersection where a signal at night is installed, the driver was driven by the driver and the driver was obliged to safely drive the vehicle in accordance with the signals, but the defendant was under the duty of care due to the left-hand turn due to the negligence of the victim C (the age of 69) driven by the victim C(the age of 69) who was under the right-hand turn from the left-hand side of the vehicle operated by the defendant in accordance with the new signals due to the negligence of the driver's duty of care.

The Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim E (the victim E (the victim) who is the passenger of the said taxi for about two weeks in need of medical treatment. The Defendant sustained injury, such as a scarcity, scarcity, fluoral base, and tension.

2. Around 01:55 on January 18, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a vehicle as stated in paragraph (1) with a blood alcohol concentration of about 0.115% at a level of about 7km from the front of a restaurant where the trade name in the Eunpyeong-gu Seoul Metropolitan City is unknown to the intersection of the Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul. to the intersection of the Goyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Written response to the request for appraisal;

1. Each written diagnosis;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of criminal records before sound driving) Acts and subordinate statutes;

1. Criminal facts;

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