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(영문) 의정부지방법원 2019.11.22 2019고단4426
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. Around 01:40 on October 4, 2019, the Defendant driven a e-wing truck with a blood alcohol concentration of 0.142% from a section of approximately 600 meters to the front road of the Namyang-si, Namyang-si, the Defendant of a violation of the Road Traffic Act (driving) around 01:40, driving a e-wing truck with a blood alcohol concentration of 0.142%.

2. A person who is engaged in driving the above wing and cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

As above, the Defendant, while under the influence of alcohol, driven the above sealed truck and driven the four-lane road in front of the D-do in Southern-si, Namyang-si, along two-lanes toward “G” from the “F in South-si, Namyang-si.”

At the time, there was a signal at night and at the front of that place, and thus, the driver of the motor vehicle had a duty of care to reduce the speed for those persons engaged in driving the motor vehicle and to properly operate the steering lights and brakes while driving the steering gear in a safe manner, to prevent the accident in advance.

Nevertheless, the Defendant did not look at the front side while driving is difficult due to influence of drinking, and found the victim H(33 years old) driver's I SP which was in the signal atmosphere at the front side of the horse at late time and did not stop, and received the back part of the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's drive.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A traffic accident report;

1. An accident site map and an accident site photograph;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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