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(영문) 의정부지방법원 고양지원 2019.08.21 2019고단1416
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B earth car.

On April 5, 2019, the Defendant driven the said car under the influence of alcohol concentration of 0.152% from the solar distance 835-4 at the direction of Goyang-gu, Seoyang-gu, Goyang-si, Goyang-si, which was around 07:50, and led the said car to the right-hand flow from the direction of the river basin in the direction of the river basin.

In such a case, there was a duty of care to operate a person engaged in driving of a motor vehicle by properly manipulating the operation and steering gear while living well on the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the operation system under the influence of alcohol, and caused the victim C(27 years of age) driving on the right side from the left side of the vehicle front of the driver's car driving by the victim C(27 years of age).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 07:50 on April 5, 2019, the Defendant driven the said vehicle under the influence of alcohol content of 0.152% at a section of about 1km from the front of the F cafeteria located in Gyeonggi-si to the Taedok-ro located in 835-4 in the same Gu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. On-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) concerning criminal facts and Article 148-2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 20

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