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(영문) 수원지방법원평택지원 2020.11.12 2020고단769

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On June 10, 2020, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court.

The date of the crime in the above case is June 27, 2019.

【Criminal Facts】

1. On February 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) driving of B cargo vehicles under the influence of alcohol leveling 0.108% of the 1884 L-si game, while driving the B cargo vehicles under the influence of alcohol leveling to 0.108% of the blood alcohol level as of Pyeongtaek-si games, and driving the B cargo vehicles under the influence of the two lanes as of the 20km speed starting from the scarb

In this case, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance while driving the motor vehicle with a long distance where a signal, etc. is installed and has a large traffic volume at the latest.

Nevertheless, the Defendant neglected this and failed to keep the front section of the safe distance while under the influence of alcohol, and thereby failed to maintain the safe distance before the Defendant’s driving direction, and received the back part of the car driven by the victim C (the age of 51) who was stopped for traffic in front of the Defendant’s driving direction as the front part of the freight vehicle of the Defendant.

As a result, 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. in a state where it is necessary to treat the victim for about two weeks.

2. Around 23:45 on February 20, 2020, the Defendant was driving B cargo under the influence of alcohol level of 0.108% without obtaining a driver’s license in a section of about 2km from the vicinity of Pyeongtaek-si D to the vicinity of Pyeongtaek-si 1884, as the Defendant was under the influence of alcohol level of 0.108%.

Accordingly, the defendant is not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and at the same time, has not obtained a driver's license.