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(영문) 수원지방법원 2021.03.30 2020고단8771

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

1. The Defendant is a person engaging in driving of a vehicle XF in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the equivalent) and violation of the Road Traffic Act (the non-accident after an accident).

On November 4, 2020, the Defendant was under the influence of alcohol at around 05:20 on November 4, 2020, and was under the influence of alcohol, and the state of speech and behavior is seriously divided, and in particular, even though it is difficult to drive the vehicle normally, such as collision with the damaged vehicle that was under the influence of driving with the braceg, the Defendant was under the influence of driving the vehicle at the seat of the D main point in Seocho-gu Seoul, and the Defendant was under the influence of driving the vehicle at the front of the D main point in Seocho-gu, Seoul, and stopped at the seat of the air as the bru

In this case, a driver is prohibited from driving under the influence of alcohol, and there was a duty of care to prevent accidents by accurately manipulating the steering and brakes and accurately.

Nevertheless, the Defendant neglected this and neglected so that it was difficult for the Defendant to drive the car normally on the right side of the front driver of the car, but was stopped on the front side due to negligence in the course of driving the car, and the lower left side part of the taxi of the victim E (the 63-year-old driver) who was stopped on the front side of the car.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim E, such as “the chlostal salt and tension,” which requires a two-day medical treatment due to the said occupational negligence, and, at the same time, escaped without taking necessary measures, such as providing rescue to the victim by immediately stopping approximately 96,000 won of the cost of repairing the taxi in the victim’s driving.

2. On September 27, 2007, the Defendant violated the Road Traffic Act (e.g., refusal of measurement of drinking), at the Seoul Central District Court of Seoul, in the case of a fine of KRW 700,000,00,000, and the Defendant’s case of a violation of the Road Traffic Act (e.g., drinking).