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(영문) 의정부지방법원 2020.10.27 2020고단3158

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

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 passenger car;

On May 19, 2020, the Defendant driven the said car while under the influence of alcohol 0.112% of alcohol level around 17:47 on May 19, 2020, and led to the operation of the said car on the 0.112% of the above car, which led to a small accident of 82 U.S. Red bamboo No. Do-Eup in Yangju-si

At this point, he was honded by the right right, and the defendant was under the influence of alcohol, so the person engaged in the driving of the motor vehicle had a duty of care to look at the front and right of the motor vehicle well, accurately operate the steering direction and the brake system, and safely drive the motor vehicle to prevent the accident from spreading.

Moreover, the Defendant was unable to drive normally due to the influence of drinking such as drinking, such as drinking, driving, rhyming, and walking, etc. in a restaurant located in E on the same day on the same day.

Nevertheless, the Defendant neglected to do so and got a driver driving Gbenzer in the opposite part of the Victim F (F, South, 57 years old) driving, which was under normal progress in the opposite part, due to the negligence of driving while under the influence of alcohol, as the front part of the Defendant’s car.

Ultimately, the Defendant, as seen above, caused the victim H (52 years of age) who was boarding a victim F’s car due to occupational negligence while driving the said car in a situation where normal driving is difficult due to influence of drinking, to whom the victim H (the age of 52) needs to be treated for about two weeks, and to whom he was at the bar.

2. On January 31, 2017, the Defendant issued a summary order of a fine of KRW 1.5 million at a governmental district court for a violation of the Road Traffic Act by a fine of KRW 1.5 million.

The defendant shall set up approximately 1.8 km from the roads in front of the non-fluoral zone E in the event of the temporary competition described in paragraph (1) to the same Eup red bamboo No.82, which is the location of the accident.