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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단597

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2017, the Defendant was sentenced to a fine of KRW 4 million due to a violation of Road Traffic Act (drinking) in the support of the Youngcheon District Court’s Young-gu branch on July 20, 201.

On November 8, 2020, the Defendant driven CM5 vehicles under the influence of alcohol content of about 2 km from around 18:04 to around 0.148% of alcohol content in the 2km section from the front of the B apartment in Taecheon-ro B, Taecheon-ro, 5136 of the same city to the front road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant is a person engaged in driving CMF5 vehicles.

On November 8, 2020, the Defendant driven the above vehicle while under the influence of alcohol, such as in the preceding port around 18:04, and driven the above vehicle at a speed of 2 lanes in front of the listed 3-lane 5136, Tae-si, Tae-si, Tae-si, Tae-do, in the direction D, along the two lanes in the direction of Egypt.

At the same time, the signal at the front intersection was red, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by viewing the front door well and observing the signal.

Nevertheless, the Defendant neglected this and neglected to make a left-hand turn from the right-hand side of the G Sspak vehicle operated by G Spak vehicle F (Y, 46 years old) in which the Defendant was making a left-hand turn in the direction of the proceeding by negligence in violation of the signal while under the influence of alcohol, and received the front-hand part of the Defendant vehicle.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as dump dump, tension, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident;