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(영문) 의정부지방법원 2020.05.26 2020고단98
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 00:30 on December 13, 2019, the Defendant driven a D Uidi A6 car while under the influence of alcohol of about 400 meters from the Guri-si B apartment to the Guri-si front Road, with a blood alcohol concentration of about 0.091% from the 400m section from Guri-si to the Guri-si Road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaging in driving a D A6 car.

On December 13, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.091% 0.091% around 00:30 on December 13, 2019, while driving the said car, and driving the three-lane road in front of the Guririri City along the two-lanes from the new Tririly Trily Triside to the E-section.

The location is where signal lights and crosswalks are installed. In this case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating steering devices and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the operation of the operation system, and due to the negligence of not operating the operation of the operation system properly, and the victim F (F, South and 43 years old) driven by the signal signal in the front bank, and the part concerning the driver was collisioned with the part concerning the front part of the vehicle operated by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the horse in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. Report on the results of the crackdown on drinking driving and investigation report (report on the situation of the drinking driver);

1. Table concerning application standards for the death or injury of dangerous driving;

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

1. The pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, which was amended by Act No. 16922, Feb. 4, 2020.

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