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(영문) 의정부지방법원 고양지원 2020.04.10 2020고단365
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

[Criminal Power] On November 28, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on November 28, 2008.

【Criminal Facts】

The defendant is a person who is engaged in driving a BMW 320d car.

On December 23, 2019, at around 01:25, the Defendant driven the said vehicle while under the influence of alcohol of 0.129%, and driven the said vehicle along the two-lane road in front of the national private service distance located in Gyeyang-gu in Goyang-gu, Goyang-si along the two-lane distance from the original station. At the time, the Defendant was at the time, under the influence of alcohol, making it difficult for the Defendant to drive the vehicle under the influence of alcohol, and has difficulty in driving under normal conditions, such as significantly falling the ability to operate the steering gear and brakes properly. In such cases, the Defendant was obliged to immediately stop driving.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the steering gear and brakes without properly operating the steering gear and brakes while running along the central line. By negligence, the Defendant was driven by the victim C (hereinafter, 41 years old) who was under a traffic signal stop at the first lane adjacent to the above road, and received the front part of the said BMW car.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said C, such as salt, tensions, etc. in need of a two-day medical treatment, and injury to the victim E (the 56-year-old passenger) who is the said car rental car, such as clock, tensions, etc. in light of the trend requiring approximately three-day medical treatment, and suffered injury to the victim F (the 52-year-old passenger) who is the same passenger, such as clock, tension, etc. in need of a three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of C, E, and F;

1. Each written diagnosis;

1. The actual condition of traffic accidents, and the investigation report;

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