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(영문) 의정부지방법원 고양지원 2019.03.21 2018고단3164
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

The defendant is a person who is engaged in driving a Bchip car.

On November 7, 2018, at around 23:40, the Defendant driven a low-income vehicle with a blood alcohol concentration of 0.199% without obtaining a driver's license, and led to the driving of the high-income vehicle in front of the Papju City C along the three-lanes from the surface of the Papju Police Station to the surface of the D High School.

At night, there was a left left turn at the time, so in such a case, the Defendant, who is engaged in driving of the automobile, had a duty of care to safely drive the steering system and brakes by accurately operating the steering system and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look at the front side and left-hand left-hand turn without properly examining the left-hand and left-hand side, and received the front part of the front part and the front part of the f. K5 taxi vehicle driving by the victim E(55 years old) who was going to the front part of the f. K5 taxi vehicle.

Ultimately, the Defendant driven the said franchise-free car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the injury to the victim E by the occupational negligence, such as climatic salt for about two weeks in need of medical treatment, and the injury to the victim G (the 42 years old), who is the passenger of the damaged vehicle, for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as the actual condition survey report, field photographs, the circumstantial statement of a host driver, and medical certificate;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts.

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