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(영문) 의정부지방법원 고양지원 2020.06.11 2020고단720
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On February 7, 2013, the Defendant received a summary order of KRW 5 million from Seoul Southern District Court due to a violation of the Road Traffic Act (driving).

1. On December 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D High School) driven a BNS car under the influence of alcohol concentration of 0.134% on blood alcohol level around 21:50 on December 18, 2019, while driving the BNS car, leading the front road of D High School C located in Mangsan-dong, U.S., U.S. to the

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

However, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol, such as a remote distance, and was negligent in neglecting it and waiting for a signal at the frontline of the Defendant at the victim E (the age of 32) who was waiting for a signal at the frontline of the vehicle driven by the Defendant.

The Defendant, by occupational negligence, sustained injury to the victim, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment.

2. On December 18, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving a BNS car at approximately 0.134% alcohol level in the section of about 1km from the 1km to the front road of the Dhigh School located in Yongsan-dong G in the Gyeonggi-gu Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, with the criminal power as above, on December 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. The actual condition survey report;

1. A medical certificate;

1. Previous convictions in judgment: criminal records and references;

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