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(영문) 의정부지방법원고양지원 2020.08.19 2020고단1220
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (the Defendant was engaged in driving of BK5 automobiles, and the Defendant was driving the said car under the influence of alcohol level of 0.158% on March 30, 2020 and driving it along five-lanes from E to 0000 mal.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating and safely operating the steering gear and operating the steering gear in a way that well enables a person engaged in driving of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally in a state where it is difficult to drive due to influence of alcohol such as a string distance, etc., while under the influence of alcohol, and led to the negligence of the victim F (F, South, and 27 years old) who was standing on the front side of the Defendant’s vehicle. The lower part of the G SPP 1.0 vehicle behind the Defendant’s vehicle was driven by the victim F (F, South, and 27 years old).

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim F, such as the victim H (mama, 27 years old), the victim H (n, 27 years old), the victim I (n, 27 years old), the victim J (ma, 28 years old), and the victim K (n, n and 24 years old), respectively, for approximately two weeks of medical treatment.

2. Around 00:15 on March 30, 2020, the Defendant driven B 5 vehicles under the influence of alcohol with a blood alcohol concentration of about 0.158% from the section of about 1km up to the front road located in D located in the same Gu C on the roads adjacent to M in Yongsan-gu L, Manyang-si L, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by the F;

1. A traffic accident report and an employer;

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