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(영문) 의정부지방법원 2020.10.21 2020고단2913
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

[criminal power] On June 9, 201, the Defendant was issued a summary order of five million won at the District Court of Jung-gu with a charge of violating the Road Traffic Act (driving).

【Criminal Facts】

1. The defendant is a person who is engaged in the business of driving Category B trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

At around 00:30 on May 17, 2020, the Defendant driven the above truck and proceeded with the roads in front of the “D” located in Dongducheon City C in the direction of the Agricultural Cooperatives from the direction of the forest shooting distance.

At that time, the vehicle was under the stop according to the red signals of the vehicle signal apparatus.

In such cases, the driver of a motor vehicle has a duty of care to see the front side and the left side and the left side well and to accurately operate the brake system.

Nevertheless, the Defendant’s occupational negligence, while under the influence of alcohol level of 0.160%, failed to accurately operate the brake system, led the Defendant’s driver’s truck to the front part of the Defendant’s driver’s vehicle E (the 19-year-old driver’s license), which was parked in the right after being pushed back by the Defendant’s truck.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, etc. which requires medical treatment for about two weeks.

2. Around 00:30 on May 17, 2020, the Defendant was driving a truck listed in paragraph (1) while under the influence of alcohol 0.160% of alcohol level 0.160%, from a section of about 500 meters from the G G in Dongducheon-si to the front road of “D” located in Dongducheon-si C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement E, each police's statement made to H, each traffic accident report (the actual situation investigation report) and the report on the occurrence of the traffic accident.

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