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(영문) 춘천지방법원 영월지원 2020.05.19 2020고단107
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 September 14, 2012, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Youngcheon District Court’s Monthly Support.

【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 franchise;

On January 3, 2020, the Defendant driven the said car while under the influence of alcohol on January 15:50, 2020, and led to the driving of the said car at a speed that is difficult to identify the two-lanes in front of the Jin Chang-gu, Pyeongtaek-gun, Gangwon-do.

On the other hand, there are other vehicles waiting for traffic signal at a three-distance intersection where signal lights are installed, so there was a duty of care to safely drive the vehicle to prevent accidents by driving the vehicle by driving the vehicle safely, such as making it possible for those engaged in driving the vehicle to live well, operating the brake system accurately according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the car of the victim C(51) who was stopped by a stop signal on the one-lane of the above road due to the negligence that was driven by the Defendant without showing the front door in a proper manner and without stopping at all times.

As above, the Defendant, while driving a franchising car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim, such as a fluoral salt, which requires approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (refluence of the measurement) by the Defendant, at around 15:50 on January 3, 2020, after receiving a report from 112 at a place as stated in paragraph (1) of this Article, has a response from a police officer who dispatched to the site to the site, and there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as breathous, refluoring snow, heavy snow, and raining, etc., and thus, the Defendant put the breath of the alcohol measuring instrument into the breath of three times from January 3, 202 to 16:30 on the same day.

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