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(영문) 의정부지방법원 고양지원 2020.06.18 2020고단1194
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 to Dangerous Driving) is a person engaging in driving a B rocketing car.

On March 27, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.136% 0.136% on March 27, 2020, and driven the said car along three-lanes from D to D, the road of the three-lanes in front of Ulsan-gu, Ulsan-gu, Seoul at the high speed of the game.

In this case, a driver of a motor vehicle has a duty of care to accurately operate the steering direction and brake system and prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a car in a state where it is difficult for the Defendant to drive the car normally due to drinking such as a string of red, inaccurate, and walking, and due to the negligence of the Defendant’s failure, the part of the lower part of the car driven by the victim E (Nam, 49 years old) who was standing on the front side of the vehicle was driven by the Defendant as the front part of the vehicle.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim E, of “satise and tension of the bones of satise,” which requires approximately three weeks of medical treatment, and injury to the victim G (V, 43 years of age), which requires approximately three weeks of medical treatment to the victim’s G (V, and 43 years of age).

2. Around March 27, 2020, the Defendant driven a B rocketing car under the influence of alcohol with approximately 0.136% of alcohol alcohol concentration from the 1km section around the dialogue station located at the center of Yongsan-gu, Ulsan-gu, Gyeonggi-do, 1569 to the front road of the same Gu, at around 1km.

Summary of Evidence

1. The defendant's legal statement E, a diagnosis letter, a copy of the medical record, etc., the report of traffic accident in two copies, the notification of the results of crackdown on drinking driving at the scene of the accident, and the drinking driver;

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