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(영문) 의정부지방법원 2018.11.07 2018고단3686
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 22, 2018, the Defendant: (a) driven a D New Zealand-lurged vehicle under the influence of alcohol content of about 0.220% while under the influence of alcohol at about 1km from the roads near Dongbcheon-si, Dongbcheon-si to the “C” restaurant located in the same city B.

2. The Defendant is a person engaged in the operation of a motor vehicle from the so-called "motor vehicle with so-called" in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

Defendant 1, while under the influence of alcohol as above, driven the said new-tech lurged vehicle, had the four-lanes in front of the said “C” restaurant run along the two-lanes on the side of the “UUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU.U.U.D.”

Since there is an intersection where signal lights are installed, the driver of the vehicle has a duty of care to reduce the speed to the person engaged in driving the vehicle, to look well at the other vehicles' attitudes in the signal lights and the transmission side, to accurately operate the steering and brakes, and to prevent the accident in advance by safely operating them.

Nevertheless, the Defendant was negligent in misunderstanding the speed pedal as a brake in a situation where normal driving is difficult due to influence of drinking, and due to the negligence of the Defendant’s failure to mislead the Defendant into the front part of the Defendant’s new driving vehicle sod, which was the front part of the Defendant’s vehicle sod and stopped on the front part of the Defendant’s new driving vehicle, and received the front part of the Defendant’s E(52 years old) driving.

Ultimately, the Defendant suffered from the injury of the victim G (the 79 years old) and the victim E, who were on board the car at the same time due to the above occupational negligence, such as the cryp dump, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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