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(영문) 의정부지방법원 2020.08.12 2020고단539

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving a B liquid

this part shall be added.

On December 22, 2019, the Defendant driven the above liquid alcohol concentration of 0.153% with the alcohol concentration of 03:45% and proceeded along the Geum River route of Sincheon-si C by driving the said liquid alcohol vehicle, and entered the road from the “west intersection” which crossings the Cheong-gun to the Cheong-gun to turn left the way to the Cheong-gun, and the two-lane road of the way to turn to the Cheong-gun. The Defendant proceeded to the speed of the two-lane from the Suwonsan to the parallel with the Cheong-gun.

At the time, there was an intersection where signal lights are installed at night, and thus, there was a duty of care to prevent accidents by safely driving the vehicle according to the traffic signal while under the influence of alcohol to a person engaged in driving the vehicle.

Nevertheless, as such, the Defendant neglected this and neglected so doing, and was driven by the injured party D (the aged 45) who was proceeding under the straight line from the right-hand side of the proceeding direction to the left-hand side by the Defendant, and received the back-wheel wheels part of the Egypt Cargo, which was driven by the Defendant, as the front-hand part of the Egypt Cargo driven by the Defendant.

As a result, the Defendant, while driving the said liquid loan car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim D, such as salt, tensions, etc. in need of a medical treatment for about three weeks, and suffered injury to the victim F (V, 45 years old) who was on board the damaged vehicle for about three weeks, such as salt, tensions, etc.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) above, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.153% at the section of about 25 km from the road near the upper salary basin in Jung-gu, Seoul to the place set forth in paragraph (1) above.