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(영문) 의정부지방법원 2019.11.27 2019고단3335
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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:20 on October 14, 2019, the Defendant was driving a D-to-purd vehicle in the state of alcohol leveling 0.217% of alcohol level at approximately 500 meters from the 500-meter section from Yangju to the two-way roads in Yangju City.

2. On June 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol by 0.217% from blood alcohol concentration on the 08:20% on June 14, 2019, and the Defendant was driving the said A-to-pur motor vehicle at a speed of 20 to 30km from the e-art side to the later side of the F elementary school at a speed of 20 to 30

Since the location is an intersection where no signal apparatus is installed, a driver of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of drinking, and the driver of a motor vehicle shall not drive the motor vehicle in the situation where normal driving is difficult due to the influence of drinking, and has the duty of due care to prevent accidents in advance by accurately manipulating the traffic situation of the frontline

Nevertheless, the Defendant’s negligence, while driving a vehicle while under the influence of alcohol, did not see the front side while driving the vehicle, and led to the Defendant’s fault that passed the intersection from the left side of the direction of the Defendant’s proceeding to the right side, and the part of the top typ vehicle operated by the victim G (WWW) who passed the intersection from the left side of the direction of the Defendant’s proceeding was shocked with the front part of the Defendant’s vehicle.

As a result, the Defendant driven a self-furd vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to pregnant or nursing women, such as early exhaustion for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Actual condition survey report, report on the occurrence of traffic accidents, site photographs, and intensity;

1. A report on investigation and a report on requests for appraisal;

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, concerning the relevant criminal facts and the choice of punishment.

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