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(영문) 의정부지방법원 2020.09.22 2020고단3221
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

The defendant is a person who is engaged in driving a car in B T-gu.

At around 22:30 on May 12, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.164%, and had two-lane roads in front C in front of the Gyeonggi Yang-si, at the Hohyang-si, drive the said car at a speed of about 156 km in accordance with the two-lanes from the Hohyeong-gu bank.

Since there is a road with a restricted speed of 80km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately through the operation of the steering gear and brakes in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D (ma, 23 years old) driving that was going ahead of the same direction due to the negligence of neglecting this, and received the back-hand part of the left-hand part of the vehicle of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. A written statement of the defendant's legal statement D, a traffic accident report, a traffic accident analysis and appraisal report, and a diagnosis report;

1. Application of Acts and subordinate statutes to the situation statement report, investigation report, inspection report, inspection report on the records of the crackdown on drunk driving, inspection site photographs made on the accident site as well as the accident site guidance;

1. Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning criminal facts, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant is under the influence of alcohol for sentencing of Article 62-2 of the Criminal Act.

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