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(영문) 의정부지방법원고양지원 2020.11.06 2020고단1726
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the work of a car in the B SP area.

1. On May 19, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) runs the said car under the influence of alcohol concentration of 0.131% on blood on May 21, 2020, along with one lane between the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane in the

It was made bypassing the bank into a lake.

In such cases, the driver has a duty of care to change the lane to the two-lane prior to the right-on-way and operate the steering and operation of the steering system in a safe manner.

Nevertheless, the Defendant neglected this and neglected to drive normally due to influence of drinking, which led to the negligence bypassing from a one-lane to a second-lane of the same direction, and led to the left-hand part of the GMW driving GMW on the victim F (ma, 35 years old) who was proceeding along the two-lane of the same direction, into the right-hand part of the Defendant car.

Ultimately, the Defendant suffered injury to the victim, such as catitiss, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Although the Defendant had the record of receiving a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Goyang-gu District Court on December 30, 2008, the Defendant driven the stitu vehicle under the influence of alcohol content 0.131% in the above 70-meter section from the front side of the restaurant “I” located in G in the Ilyang-dong-dong-gu Seoul Metropolitan City at the time and at the time and time of the accident as stated in paragraph (1) to the place of the accident.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of the F;

1. The actual condition survey report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A medical certificate;

1. On-site photographs;

1. Criminal records, inquiry reports, investigation reports, and records of drinking driving;

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