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(영문) 의정부지방법원고양지원 2020.11.19 2020고단2014
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a B-learning car under the influence of alcohol level of 0.198% on blood alcohol level on July 14, 2020, while driving it, and driving it straighted along the four-lanes from the right side of the wave to the Seoul bank.

Since the location is an intersection with signal lights, there was a duty of care to see the front and rear left and right while under the influence of alcohol to the person engaged in driving service and to accurately operate the brake system.

Nevertheless, the Defendant, under the influence of alcohol, neglected to perform his duty at the front time, and failed to accurately operate the operation system, was negligent in driving the victim E (Nam, 28 years old) driving in front of the Mading Motor Vehicle, followed the victim E (Seoul, and 28 years old) driving, and was charged with a panion in front of the Mading Motor Vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive it normally due to influence of drinking, and suffered injury to the victim G (ma and 26 years of age) who is a passenger of the said victim E and the said divers of the said car.

2. On July 14, 2020, at around 00:05, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act, the Defendant driven the B-learning car described in paragraph (1) that was not covered by mandatory insurance on the section of about 4 km from the front side of the ero of the Sowing-gu, Seoyang-gu, Seoyang-gu to the front side of the oil station in Goyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of E, and inquiry into the results of the control of drinking driving;

1. Application of the mandatory insurance policy, each medical certificate, field photograph, or statute;

1. Article 5-11 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) on the crime committed by the pertinent law.

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