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(영문) 수원지방법원안산지원 2020.09.11 2020고단3186

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

The defendant is a person who is engaged in driving of Bsch Rexton sports small cargo vehicles.

1. On April 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said small cargo vehicle under the influence of alcohol on April 16, 202, while driving the said small cargo vehicle, and driving the expressway 47.7 km away from Seoul and other than Seoul, Metropolitan Area Highway, which is located within a separate zone in the south-si city of Yangyang-si, to the guard of HowonIC.

Since it is an expressway, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system for those engaged in driving of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting the above duty of care in a state where normal operation is difficult due to the influence of drinking, such as failing to give a full view of the steering gear and brake system as intended, and by neglecting the above duty of care, and proceeding as it is, due to negligence, the Defendant was driven by the victim C (Nam, 51 years old) who was driving at the front section of the above small cargo vehicle operated by the Defendant.

As a result, the Defendant suffered injury, such as salt, tension, etc., in a state where normal driving is difficult due to the influence of drinking, by negligence in the course of business as above, for about two weeks of medical treatment.

2. On September 29, 2009, the Defendant is a person who was sentenced to the suspension of the execution of five months to imprisonment with labor for a violation of the Road Traffic Act (driving) at the Suwon District Court on May 2009, and on September 14, 2017 to imprisonment with labor for a violation of the Road Traffic Act (driving) and two years to imprisonment with labor for a violation of the Road Traffic Act (driving) in Ansan Branch of the Suwon District Court on September 29, 2009.

Defendant on April 16, 2020, the Masan-si around 06:03, Ansan-si.