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(영문) 의정부지방법원 고양지원 2019.06.12 2019고단859
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed 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 the person engaged in driving cars B;

At around 00:15 on March 16, 2019, the Defendant: (a) driven the said small-type car with a blood alcohol concentration of 0.120% 0.120%; and (b) driven the said small-type car with a two-lane top of the two-lane two-lane two-lanes following the Goyangyang-gu C Apartment-gu, Goyang-gu, the Defendant neglected to perform the duty of e-taxing in the front direction while under the influence of alcohol; (c) neglected to perform the duty of e-taxing in the front direction of the said car while changing the vehicle into a one-lane due to occupational negligence; and (d) shocked the part on the right side of the victim D (the age of 63) - taxi driving in the same direction as the front direction of the said car.

The Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the Victim F (F (V, 26 years of age) who is the passenger of the said taxi, to take care of the victim D and the said taxi for two weeks.

2. On November 5, 2007, the Defendant is a person who has a record of being sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on November 5, 2007, and a fine of 1.5 million won for the same crime at the Incheon District Court on August 19, 2008.

At the same time as in the preceding paragraph, the Defendant driven the said B B B B car under the influence of alcohol with a blood alcohol content of 0.120%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Photographs;

1. Each written diagnosis;

1. Before ruling: Criminal history records, investigation reports (report attached to a summary order of the same criminal record), and application of Acts and subordinate statutes to the summary order;

1. Each relevant Article of the Act concerning criminal facts;

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