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(영문) 의정부지방법원 2020.08.12 2020고단469

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 engaged in driving a B physical car;

On January 1, 2020, the Defendant driven the said car while under the influence of alcohol without blood alcohol concentration on January 1, 2020, and proceeded the front road of Pyeongtaek-gun in Gangwon-do at the right-side level to a 40 km starting from the front line to the air-conditioning.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the steering system of the motor vehicle, such as keeping the traffic situation well and accurately operating the steering system and brake system of the motor vehicle in the front direction.

Nevertheless, the defendant is under the influence of alcohol while neglecting this.

On the other hand, the victim D(the age of 63) driven by the vehicle driving at the same lane as the front line of the vehicle was found to be late, and the above low-est vehicle was driven by the defendant with the front line of the vehicle in front of the front line, and the above high-est vehicle was driven by the street on the right side of the front line.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt, tensions, etc., of the trend that requires approximately two weeks of medical treatment, and injury to the victim F (F, 61 years of age) who was on board the said high-speed car to approximately two weeks of medical treatment.

2. On November 25, 2008, the Defendant violated the Road Traffic Act (recognition refusal). The Defendant was sentenced to a suspended sentence of five years for violating the Road Traffic Act by committing a crime of violation of the Road Traffic Act in the Youngcheon District Court’s monthly support on November 25, 2008, and was under the influence of violating the provision on prohibition of drunk driving once or more times. The Defendant was the person who was under the influence of alcohol at the time and place under paragraph