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(영문) 의정부지방법원 고양지원 2020.02.20 2019고단3644
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. The Defendant is a person who is engaged in driving a Bsch Rexton car.

around 22:30 on November 27, 2019, the Defendant, while under the influence of alcohol at 0.168% of the blood alcohol concentration, driven the said Boschton car to E from the D side while driving the said Boschton car.

Since there was a road where a yellow solid line is installed, there was a duty of care to safely drive the driver according to the traffic sign.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F (year 36) who was in the atmosphere of signal in the course of mastal due to negligence going beyond the central line while neglecting the above duty of care, and was driven by the Defendant as the front part of the G two-wheeled Motor Vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “the influence at a free will,” which requires treatment for about two weeks, to the victim.

2. Around 22:00 on November 27, 2019, the Defendant driven a motor vehicle in the state of alcohol with the blood alcohol concentration of 0.168% from the first public parking lot located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the date, time, and place under the preceding paragraph from about 1km to the date, place under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents;

1. Notification of the control results of drinking driving, report on the status of drinking drivers, and investigation report;

1. Video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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