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(영문) 의정부지방법원 고양지원 2018.06.22 2018고단577
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 received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking on October 28, 2008) from the Jung-gu District Court Goyang Branch on October 28, 2008. On January 23, 2018, the same court received a summary order of KRW 3 million for the same crime.

[Criminal Facts]

1. On January 31, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a B-hand car under the influence of alcohol concentration of 0.135% in blood, and driving it over the front way of the white-water parking lot located in the 358-39 in the number of Ilyang-si Dong-gu, Manyang-si, Goyang-si, one-lane in the direction of the Depository for Securities.

At the time, at night and in front of the Defendant’s vehicle, DNA car driven by the victim C(34) was waiting and stopped. In such a case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a safe distance from the front by accurately operating the steering gear and brake system by reducing speed and properly checking the front side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to proceed along the signal atmosphere, received the following part of the vehicle behind the Defendant’s vehicle in front of the passenger car.

As a result, the Defendant driven the above low-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment to the victim.

2. On January 31, 2018, the Defendant violated the Road Traffic Act (driving of alcohol) driven a car with B low alcohol level of about 500 meters in the direction of alcohol 0.135% in blood while under influence of alcohol from the frontway of the securities deposit in the number of Dong-gu, Dong-gu, U.S. to 358-8 at a high altitude of around 23:50 to the same 358-39 way.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement 1.

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