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(영문) 의정부지방법원 고양지원 2021.01.20 2020고단2888
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. On November 30, 2010, the Defendant received a fine of two million won as a crime of violating the Road Traffic Act from the Cheongju District Court on the ground of a violation of the Road Traffic Act.

On July 16, 2020, the Defendant driven an E-3 car while under the influence of alcohol leveling 0.21% in the blood alcohol leveling from approximately 926 meters to the front road of D located in B from the Do in front of B at the Priju City on July 16, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.

2. The Defendant is a person who is engaged in driving a vehicle EK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 16, 2020, the Defendant driven the said car under the influence of alcohol level of 0.211% during blood transfusions on July 16, 2020, and driven the said car at a speed of about 60km from the front side of D, which is located in C at the time of strike, to drive the said car at a speed of 0.21%.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and duty of care to safely drive the motor vehicle.

Defendant 1 neglected to perform such duty of care in a situation where normal driving is difficult due to the above breath of alcohol, and was negligent in driving with the center line of the yellow real line, and received the front part of the instant car from the victim G H Hepter II, which was placed in the breath of the instant car.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive normally, and suffered injury, such as a breast-culseing, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on the occurrence of a traffic accident, a report on the search and seizure of the results of regulating the driving of a vehicle on the scene of an accident, a list of seizure, a medical certificate of blood appraisal, and a report on the detection of a driver in charge of a vehicle boom;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, drinking;

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