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(영문) 청주지방법원 충주지원 2020.01.31 2019고단622

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

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 5, 2009, the Defendant was issued a summary order of KRW 1.2 million at the general military court of the Water Defense Headquarters as a crime of violation of the Road Traffic Act.

【Criminal Facts】

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 B rocketing car.

On September 22, 2019, the Defendant driven the above car at around 23:10, and led to D's advanced road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-do to E-section from the face of enterprise cities.

At the same time, F's GW car was parked in the three-lanes prior to the moving direction, and in the front, F's I SP car driven by the victim H(n, 26 years old) was stopped, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brakes.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering system and operating system under the influence of 0.211% of blood alcohol level, and caused the Defendant to shock the part concerning the back part of the above BMW car to the front part of the Defendant’s passenger vehicle. Then, the part concerning the back part of the victim’s motor vehicle in front was shocked by the Defendant’s front part of the passenger vehicle.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of alcohol, suffered injury to the victim H, such as the impairment of saves that require two-day medical treatment for about two weeks, and suffered injury to the victim J (J, 24 years old) who was on board the said victim’s vehicle for about two weeks, such as salt pans, tensions, etc.

2. The Defendant is under the influence of alcohol by 0.21% at the section of about 10 km from the 10km away from the road to the place specified in paragraphs (1) at the time in the Chungcheongbuk-si.