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(영문) 의정부지방법원 2020.12.21 2020고단4238
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a motorcycle B mixed styd600.

On June 7, 2020, the Defendant driven the above motorcycle while under the influence of alcohol of 0.110% with blood alcohol concentration of 0.20% on June 7, 2020, and driven the road of one lane in front of D in Southyangju C at an insular speed from the hill bank to the shill bank.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to safely operate the car line by accurately operating the steering room and the right and the right and the right and the right and the right and the steering system, while accurately operating the steering system.

Nevertheless, the Defendant was negligent in driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and was negligent in breaking the central line, and received the front part of the motor vehicle in front of the said motor vehicle, which was driven by the victim E (Nam, 35 years old) who was normally going on the opposite lane.

Ultimately, under the influence of alcohol, the Defendant suffered injury to sugar, etc., where there are no two or more internal sufferings in need of an open medical treatment for about three weeks, due to occupational negligence as seen above.

2. The Defendant violated the Road Traffic Act (driving) driving a mixed stid 600 motorcycle in the state of being drunk with the blood alcohol concentration of about 0.110% from the 6km section from the front of a restaurant in the trade name in Namyang-dong, Namyang-dong, Namyang-dong, to the front road of the same city at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a survey report, a field photographic photo, and an investigation report on the field map (the confirmation of the image of a damaged vehicle);

1. Report on detection of the violation of the Road Traffic Act (driving) and notification of the results of the regulation of drinking driving, report on the situation of drinking drivers and report on investigation (report on the circumstances of drinking drivers).

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