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(영문) 의정부지방법원 2020.08.26 2020고단96

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

[Criminal Power] On August 28, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving in Drinking) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

The defendant is a person who is engaged in driving a MF6 car.

1. Part of any clerical error shall be corrected according to the evidence of the violation of the Aggravated Punishment, etc. of Specific Crimes;

On November 30, 2019, the Defendant driven the said car while under the influence of alcohol on November 30, 2019, and led the Defendant to drive the said car at an indefinite speed, one-lane of the two-lanes in front of the D High School C in the Council city, along with the two-lanes in front of the D High School C.

At night, since there were other vehicles on the road above, there was a duty of care to safely drive a motor vehicle to prevent accidents by safely driving it, such as accurately operating steering devices and brakes according to traffic signals.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, did not see the front side while driving at all times, was driven by a stop signal on a stop signal on the first-lane of the above road, the part behind the GM5 car of the victim F (the age of 45) driving of the above SM6 car was driven by the front part of the above SM6 car, and the above SM5 car was pushed by the victim H (the age of 27) driving of the victim H(the age of 27) who was parked in the front.

As above, the Defendant driven the said SM6 car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim F, such as light salt, etc., and injury to the victim H, such as a hot spring, where there is no open two shops where treatment for about three weeks is required.

2. The defendant of the violation of the Road Traffic Act (Refusal of measurement) shall have the response of drinking alcohol to the police officers belonging to the J District Police Station of the medical police station called to the site after receiving a report of a traffic accident as stipulated in paragraph (1).