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(영문) 의정부지방법원 2019.10.23 2019고단2417
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. The criminal defendant is a person engaged in driving the train B in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act;

On March 14, 2019, at around 02:10, the Defendant driven the above tower while under the influence of alcohol of 0.173% of blood alcohol concentration, and led to the road of 287-lane 4 lanes in front of the Gyeong-gu three-lane in Seoul, Hayang-si, Seoul, at the speed of 3-lane from the south-si to the south-si, Southern-si.

At the front of the vehicle, there was a stop in order to signal the intersection, so there was a duty of care to prevent the occurrence of an accident that gets off the parked vehicle for the signal of the traffic at the intersection, such as thorough operation of the motor vehicle at the front time while in the absence of alcohol and accurate operation of the steering direction and brake devices of the motor vehicle, etc.

Nevertheless, the Defendant neglected to do so and neglected his duty of care and neglected to do so, and thereby was driven by the victim C (the 80-year-old) who was parked in order to signal atmosphere by negligence. The lower part of the D cab was driven by the Defendant as the front part of the vehicle driven by the Defendant.

As a result, the Defendant driven the above vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, thereby incurring injury to the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks, and at the same time, damaged the above taxi to the extent that the repair cost of KRW 2,660,598, such as the exchange of back pans.

2. The Defendant violated the Road Traffic Act (driving) driving the B Poter II while under the influence of alcohol with 0.173% of the blood alcohol concentration from the 1km section from the front of the “F” restaurant in Guro-si, as stated in the foregoing paragraph (1) to the place indicated in the foregoing paragraph (1).

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of B Poter II.

. Mandatory insurance.

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