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(영문) 의정부지방법원 고양지원 2020.05.21 2020고단665
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. On February 12, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a B-to-pur motor vehicle with blood alcohol concentration of 0.188% as a duty on February 12, 2020, while driving the B-to-pur motor vehicle as a duty, and driving the intersection of the distance prior to the D hospital in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul at the direction of E elementary school.

In such a case, although a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent an accident in advance, the defendant neglected to drive the motor vehicle in a state where the face is red, inaccurate, and walking is difficult due to influence of drinking, such as drinking, while neglecting it in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and caused the victim G5-si driving a motor vehicle at the left-hand part of the left-hand part of the HK5-si driven by the victim G (the age of 71) who gets left-hand from the right-hand part of the motor vehicle of the said hK 5-si driving, the victim suffered injury, such as "eatal salt and tension," which requires approximately two weeks medical treatment.

2. On February 12, 2020, at around 01:38, the Defendant was driving a B-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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 (amended by Act No. 16922 of Feb. 4, 2020) and the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning criminal facts

1. Suspension of execution;

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