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(영문) 의정부지방법원 고양지원 2019.01.18 2018고단2978
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 B K5

At around 22:30 on October 5, 2018, the Defendant was under the influence of alcohol with 0.182% of blood alcohol concentration, and the Defendant continued to proceed 86 to the direction of the new IC in the direction of Goyang-gu, Mangsan-gu and Mangyeong-gu.

At the time, the Defendant was at night and the Defendant was in a difficult condition to drive a car normally due to influence of drinking. In such a case, the Defendant, who is engaged in driving a car, has a duty of care to look at the front and rear left properly, and to prevent the accident by accurately manipulating the steering direction and brake system in the event of inevitable driving.

Nevertheless, the Defendant neglected this and found the victim’s vehicle while driving a motor vehicle in a situation where normal driving is difficult under the influence of alcohol as above, and caused the victim’s injury to the victim’s crums, e.g., crums, tensions, etc., which require approximately two weeks of treatment to the victim C by shocking the back part of the victim’s vehicle with the front part of the Defendant’s vehicle, and suffered injury to the victim D (the victim’s 47 years old and female) who is the passenger of the damaged vehicle, for about three weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven B K5 cars from the front of an influent cafeteria in the vicinity of the Yongsan-gu Busan Metropolitan City to the above point of accident at approximately 1 km from the day before the influent cafeteria to the above point of accident while under the influence of alcohol concentration of 0.182% of the above temporary light alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The punishment, etc. of each of the specific crimes provided for in the relevant laws regarding criminal facts.

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