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(영문) 의정부지방법원 2020.03.31 2019고단4427

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. On December 20, 2017, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act from the District Court of the Republic of Korea on December 20, 2017.

Nevertheless, at around 07:00 on October 6, 2019, the Defendant driven a D-cam car with a blood alcohol concentration of about 0.131% in the section of about 10km from the front road of the Namyang-si, Chungcheongnam-si to the front road of the Namyang-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury before Driving Motor Vehicles) is a person engaged in driving motor vehicles in the above coaches.

As above, the Defendant, while under the influence of alcohol, driven a car in the above C-do and driven the two-lane road in front of C-do in Southyang-si, Seoul, along with one lane from “Seoul” to “Macheon-do.”

Since signal lights have been installed at the front of that place, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a vehicle, properly operating the steering lights and brakes in the front section, and by safely operating the steering and brakes accurately, and by preventing accidents.

Nevertheless, the Defendant, as a result of the negligence of driving in a state where normal driving is difficult due to influence of drinking, found it late to stop by using a stop signal from the F high-speed passenger vehicle driven by the victim E, which was driven in the same direction without examining the front side, and taken a sudden action, but the Defendant did not stop the vehicle but received the rear part of the victim’s low-speed passenger vehicle in front of the vehicle.

Ultimately, the Defendant suffered injury to sugar, etc., which did not have two or more wifes open for two weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E traffic accidents;