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(영문) 수원지방법원 안산지원 2019.10.24 2019고단1697

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 25, 2010, the Defendant was sentenced to a suspended sentence of four months for a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court, and was sentenced to a summary order of KRW 1.5 million for the same crime at the Seoul Southern District Court on September 25, 2008. On March 6, 2006, the Defendant was issued a summary order of KRW 3 million for the same crime, and was issued a summary order of KRW 1 million for the same crime at the Incheon District Court on November 30, 2004.

【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 car Benz C200

On April 21, 2019, the Defendant driving the above vehicle at around 20:42, and driving the front side road at the time of show to the front side of C from the D market bank to the front side of the front side of the C market bank, and making a right bypass to the third-lane road at the speed of speed unspeedless.

Since there are a side road and a four-lane road, in such a case, there was a duty of care to reduce the speed in advance to those engaged in driving service and to prevent the accident from being delayed by examining whether there is a vehicle coming from the rear.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.251% under the influence of alcohol, was unable to drive the said vehicle normally and by negligence on the right-hand side of the driving direction of the victim E(the age of 45) driving a FMW K 1600GL 1600GL, which was proceeding directly from the right-hand side of the driving direction, led the victim to the front-hander of the victim E(the age of 45) to go ahead of the vehicle back of the Defendant's car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the victim's multi-lockal injury in need of medical treatment for about three weeks.

2. On April 21, 2019, the Defendant violated the Road Traffic Act ( sound driving) c. of the same time from the road boomed prior to the booming of the D market adjacent to Silung-si, Silung-si on April 20:42.