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(영문) 춘천지방법원 원주지원 2020.06.11 2020고단226

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 12, 2011, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Won District Court's original branch on January 12, 201, and on March 29, 201, a summary order of KRW 2 million with an administrative fine of KRW 2 million for the same crime.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant who is engaged in driving B.

On February 17, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.095% 0.095% around 20:10, and led the front road of the original city C to a short-term outflow from the shooting distance of the original medical center in the original city.

At the time, there is an intersection where signal lights are installed at night and at the front of that place, so there was a duty of care to prevent accidents in advance, such as thorough operation of the vehicle driving service personnel, and operation of brakes and steering gear accurately and safely.

Nevertheless, the Defendant neglected to drive the brakes in a state of difficulty due to influence of drinking, such as influoring, red, yellow, walking, etc. while under the influence of alcohol, and failed to properly operate the brakes, and the victim D(the age of 46) who is waiting for signal at the place of masta taxi was faced with the back pan part of the Defendant’s vehicle in front of the car.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as brain sule, which requires treatment for about two weeks, and suffered injury to the FF (31 years old) of the passenger who was accompanied by the damaged taxi for about two weeks.

2. Violation of the Road Traffic Act (driving) on February 17, 2020, the Defendant around KRW 500 meters from the front of G to the front of C in the same city at the original city around February 17, 2020.