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(영문) 의정부지방법원 2020.05.19 2019고단5850
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a motor vehicle B.

At around 05:00 on November 30, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.137%, and the Defendant driven the said vehicle and driven the two-lane road prior to C in the southyang-si, the Defendant driven the two-lane road from the HyeongIC on the side of PyeongIC.

In this case, the ECo driven by the victim D(57 years old) was under stop for the signal waiting, and thus, the driver had a duty of care to look at the front line and accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, and received the part behind the Defendant’s vehicle in front of the Defendant’s running direction.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, such as a string, a string, a string, a red string, etc., and suffered from the injury of the victim F, who was on board the victim D and the damaged vehicle, for about two weeks of medical treatment.

2. Around 05:00 on November 30, 2019, the Defendant, while under the influence of alcohol at a level of 0.137% of blood alcohol level, driven the said car within a range of approximately 300 meters from G from Nam-si to C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site map and on-site photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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