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(영문) 의정부지방법원 2020.12.07 2020고단1020

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of 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

On August 6, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Jung-gu District Court on August 6, 2008.

【Criminal Facts】

1. Around 20:36 on February 11, 2020, the Defendant violated the Road Traffic Act’s provision prohibiting driving under the influence of alcohol by driving DNA automobiles with a level of about 700 meters from the front of the Defendant’s house located in Chungcheongnam-si, Namyang-si, to the front of the C apartment in Southyang-si, and with a degree of about 0.288% alcohol level at least twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by DD Driving) is a person engaged in driving a Dbenz car.

On February 11, 2020, the Defendant driven the said car with a blood alcohol level of 0.288% 0.28% around 20:36, and turned off the three-lane road in front of the C apartment in South Yangyang-si, Namyang-si, the Defendant continued to drive the said car at an influence rate depending on the two-lanes of the road as the area of the offside and the offside of the office for administrative welfare in South and North Korea.

In such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by operating the steering direction and brake system in line with the traffic situation, while maintaining the safety distance with prior vehicles by observing the speed limit on the part of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and led the Defendant to shock the back part of the Fstunama car driven by the victim E (the age of 51) who was in the atmosphere of the same lane as that of the benna car when he was under the influence of alcohol, with the front part of the benna car.

As a result, the Defendant’s negligence in the course of driving a passenger car in a situation where normal driving is difficult due to influence of drinking, requires approximately two weeks of medical treatment to the above victim.