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(영문) 수원지방법원 안산지원 2020.06.19 2019고단4662

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 engaging in driving a new car.

On November 21, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.186% of blood alcohol level around 23:20 on November 21, 2019, and was driving at a speed of 0.186% from the direction of the Silan Industrial Complex to the direction of the Silan Industrial Complex.

Since the place is a road where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at the front and the tea is kept well.

Nevertheless, while neglecting this, the Defendant neglected to drive the vehicle in a state where normal driving is difficult, such as influorous red, influorous red, influorous, smelling a large amount of drinking in the entrance, and being unable to walk properly, etc., and due to the negligence of immediately straighting without making the front-time city at the time, and due to the negligence of the Defendant at the time, the front-hand part of the victim E(56 years old) driving car stopped while waiting for the left-hand turn-hand turn-hand turn-on from the direction of the D High School at a one-lane facing the Defendant’s head of the D High School.

As a result, the Defendant driving the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as light fat, tensions, etc. in need of a two-day medical treatment, and the Defendant suffered injury to the victim G(the age of 43) and the victim H(the age of 39) in need of a two-day medical treatment.

2. On October 26, 2006, the Defendant violated the Road Traffic Act ( sound driving) with a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on the same day, and the same court on July 16, 2007 issued a summary order of KRW 2 million as a fine for the same crime.