(영문) 의정부지방법원 고양지원 2020.05.27 2020고단861

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자간(%)

(영문) 의정부지방법원 고양지원 2020.05.27 2020고단861

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car owned by the Defendant.

1. On January 21, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol level of 0.094% on blood alcohol level on January 23, 2020, and led the Defendant to drive the said car with one-lane of the three-lane roads in front of the Yongsan-gu, Busan Metropolitan City CD and the three-lane roads in front of the CD at the rightside.

Since a crosswalk and signal are installed, in such a case, there was a duty of care to safely drive the vehicle by maintaining the safety distance by properly examining the signal, etc. of the vehicle to the person engaged in driving service.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and neglected to do so at the front time, and neglected to do so, and failed to discover the FK-5 car of the victim E (the age of 29) driving in the signal signal at the front direction of the Defendant’s driving direction, thereby resulting in the Defendant’s failure to discover the vehicle stop signal at the front direction of the Defendant’s driving.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand dynasium, which requires medical treatment for about two weeks.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant in the state of alcohol alcohol concentration of 0.094% at a section of approximately 1.5km in the direction of the road located in Goyang-dong, Yongsan-gu, Busan Metropolitan City and the front side of the road, which is the place where the said accident occurred, on the front of the G building in Goyang-dong, Yongsan-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by the victim;

1. The report on the actual condition of traffic accidents, the report on the circumstantial statement of a drinking driver, and the notification of the results of the crackdown on drinking driving, shall be described respectively; and

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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