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(영문) 춘천지방법원 2020.06.18 2020고단239
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

[Criminal Power] On August 19, 2009, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act, etc. at the Jungcheon District Court on April 10, 2013, the Defendant was issued a summary order of three million won for the same crime at the Chuncheon District Court on April 10, 2013, and on August 14, 2018, the Defendant was sentenced to three years of suspension of execution for one year of imprisonment for the same crime at the Chuncheon District Court on August 22, 2018, which became final and conclusive on August 22, 2018, and is currently under suspension of execution.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles B;

On December 12, 2019, at around 20:35, the Defendant driven the above cargo while under the influence of alcohol of 0.122%, and led to the three-lane road in front of the “D convenience store” located in Gangwon-si, Gangwon-si, Gangwon-si, the Defendant turned the said cargo into the same bank as the area of the river IIC bank.

Since there is a PE bank protection wall made of plastics and thus no internship is allowed, there was a duty of care to safely drive a person engaged in driving a motor vehicle by driving the motor vehicle at the point where the internship is permitted.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol while driving normally, and flocked with the central line, and continued on the opposite line, and received the front driver of the Flive Driving Vehicle E (the age of 19) driving from the opposite line as the rear part of the Defendant’s driving of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim E and the victim G (the age of 18) who was on board the said car due to the occupational negligence as above, including “finites and tensions” in need of approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (driving without a license) provides that the Defendant is “I” in Gangwon-si H while drunkly under the influence of alcohol with a blood alcohol concentration of 0.122% without obtaining a driver’s license at the above time.

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