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(영문) 수원지방법원평택지원 2020.09.24 2020고단1494

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant

A Defendant shall be punished by imprisonment with prison labor for a year and ten months.

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

Reasons

Punishment of the crime

1. Defendant AA.

On May 18, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driving a Dingcon vehicle while under the influence of alcohol level of 0.146% on May 18, 2020, and driving the Dingcon vehicle at about 20-30 km in the direction of the transmitting coal station from the direction of the transmitting coal station.

In this case, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance while living well in front and driving the motor vehicle.

Nevertheless, the Defendant neglected this and failed to keep the front section of the safety distance while under the influence of alcohol and failed to maintain the safety distance, and caused the Defendant’s failure to drive a car in front of the Defendant’s driving direction, which was driven by the victim B (38 years of age) who was stopped for traffic in front of the Defendant’s driving direction.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer injuries, such as salt pane, tension, etc., which requires medical treatment for about two weeks.

B. On September 10, 2010, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on September 10, 201, and on June 4, 2015, as a fine of KRW 1,50,000,000 as a fine for the same crime from the Daejeon District Court’s Incheon District Court’s Support.

At around 23:20 on May 18, 2020, the Defendant driven a DNA-conditioning vehicle under the influence of alcohol concentration of about 0.146% in the section of approximately 500 meters from around Pyeongtaek-si building to front day of Gyeonggi-si.

Accordingly, the defendant was not allowed to drive a motor vehicle while under the influence of alcohol, but violated it more than twice.

2. Defendant B from May 18, 2020 to 23:20 on May 18, 2020, in the vicinity of Osan-si.