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(영문) 수원지방법원 성남지원 2020.04.29 2019고단3116
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than 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

[criminal power] On December 7, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court as well as a summary order of KRW 2 million for the same crime in the same court on August 21, 2017.

【Criminal Facts】

1. On October 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving a motorcycle B WW125 in a state where normal driving is difficult due to alcohol level 0.286% of blood alcohol level on October 7, 2019, and driving the Do sand, which is located in the camping-dong of the Preferred Zone in the GW125, along the direction of the two-lanes in the direction of the Hanwon-gu Office located in the Preferred Zone of Sungnam-si.

At that time, there was a duty of care to reduce speed and safely proceed in accordance with the new code, since there was a large number of visions at that time, and in such a case, a person engaged in driving service has a duty of care to reduce speed and safely proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the front part of the D Camp vehicle driven by the victim C(37 years of age) who was to turn to the left in accordance with the new subparagraph in the opposite direction of the course by negligence in contravention of the stop signal while under the influence of alcohol.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C with salt and tension near the right side, which requires approximately three weeks of medical treatment, and inflicted injury on the victim E (the 27-year-old) who was on the Defendant’s motorcycle, on the part of the victim E (the 27-year-old) who was not in a two open space requiring medical treatment for about eight weeks, and damaged the victim C’s above camping vehicle to KRW 39,113,290 at repair cost.

2. On the date and time set forth in paragraph (1), the Defendant violates the Road Traffic Act (driving) from the point of influence of 0.286% of blood alcohol level to the same degree of village distance from the point of influence to the gluence of the gluence of Sungnam-si, Sungnam-si.

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