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(영문) 의정부지방법원 2019.10.11 2019고단2895
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 in the driver car.

On June 10, 2019, at around 21:54, the Defendant driven the above vehicle while under the influence of alcohol 0.183% of alcohol level, and led the front of the city C from the side of the D School to drive the vehicle along the e-mail or right-hand road.

Since the place is a road where the center line of yellow solid lines is installed, in such a case, there was a duty of care to safely drive the motor vehicle by properly manipulating the operation and steering gear without breaking the center line.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and brought about the right side of the Defendant’s car at the victim F(59 years of age) driving that took place in the center of the center line due to negligence.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim H (V, 40 years old), who is a passenger boarding the said taxi, for about two weeks of medical treatment. The Defendant sustained injury to the said victim, such as a chest dye, tension, etc. for two weeks of medical treatment.

2. On June 10, 2019, the Defendant driven the said B B-man car under the influence of alcohol level of about 0.183% from the 5km section from the 1st day to the 3rd day of the Kanyang-si, Namyang-si, the first day to the front day of the Kanyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report on traffic accidents;

1. A map at the accident site;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of the drinking driving control;

1. Photographs of the accident site;

1. Report on internal investigation (verification of black stay images);

1. A damaged vehicle;

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