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(영문) 의정부지방법원 2020.02.12 2019고단5221
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles B;

On October 11:50 of 2019, the Defendant driven the said car while under the influence of alcohol with 0.192% of alcohol concentration 0.192%, and led to the driving of the said car on the front side of the Kancheon-gun, Seoul Special Self-Governing Province 1318 Animal Disease Control Center (Seoul Special Self-Governing Province 1318 Animal Disease Control Center) as the front side of the Kancheon-do.

At the same time, there was a duty of care to prevent accidents in advance by driving cars that are driven ahead of the year when the swine fever was operated for disinfection of disease control, and thus, a driver engaged in driving duty has a duty of care to see the front bank, maintain the safety distance, and reduce the speed.

Nevertheless, the Defendant did not find out that the victim C(75 years of age)'s D-wing and 3 cargo vehicles that were driven in the course of driving without being negligent in driving under the influence of alcohol, but did not stop, and received the above 3 cargo vehicles following the above 1st part of the passenger vehicle in front of the above 1st vehicle.

Ultimately, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered injury, such as salt dump, tension, etc., which requires two weeks of medical treatment.

2. On the same date and time as the above paragraph (1) of the Road Traffic Act, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of about 0.192% from the 1km section from the front of the “F farm” in Gyeonggi-gun EM Macheon-gun, to the front of the same Myeonnam-do road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a report on actual condition;

1. Notification of the control of drinking driving;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and the provision of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes.

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