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(영문) 의정부지방법원 고양지원 2021.02.18 2020고단2989
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 10, 2020, the Defendant, who is engaged in driving of B rocketing motor vehicles (the injury caused by dangerous driving), was driving in one lane between the two lanes between the parallel and the parallel, and the two lanes between the parallel and the parallel.

At this point, there was an intersection where the vehicle signal, etc. is installed, and therefore there was a vehicle waiting for signal signal on the front side, so there was a duty of care to make a person engaged in driving of a motor vehicle not driving under the influence of alcohol, but to thoroughly see the front side.

Nevertheless, the Defendant, while driving in a state of difficulty in normal driving due to influence of drinking, such as a string distance, has a red color, and the string distance, neglected to do so on the front side of the Defendant’s driving vehicle, received the part of the victim D(W, 21 years old) E in the front part of the Defendant’s driving vehicle, which was the front part of the Defendant’s driving vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., by driving the motor vehicle, which requires approximately two weeks medical treatment.

2. On September 10, 2020, the Defendant: (a) driven a B rocketing car under the influence of alcohol by 0.179% in the section of approximately 15km from the 15km away from the road near the Seoyang-gu and the head of the Dong-dong, other than the head of the Dong-dong, to the road in front of the same Gu.

Summary of Evidence

1. The application of Acts and subordinate statutes to the written statement prepared by the defendant's statutory statement, notification of the results of crackdown on driving under drinking, the statement of the situation of the driver in charge of driving under the circumstances of traffic accidents;

1. Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact that the crime is caused by a dangerous driving, the choice of imprisonment), Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) (the driving of drinking, etc.) of the Road Traffic Act.

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