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(영문) 춘천지방법원 2021.03.24 2020고단1083
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 history] The defendant was issued a summary order of KRW 1 million at the Seoul Northern District Court on October 19, 2006 for a crime of violating road traffic law (drinking driving), and one million won for the same crime at the Chuncheon District Court on November 19, 2015.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a freight B B B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 5, 2020, under the influence of alcohol level of 0.157% from the blood alcohol level of 0.55, the Defendant driven the said cargo at the speed of 336%, the Defendant continued to drive the said cargo at the intersection of street trees, which is located 336 Doncheon-gun, Man-gun, Macheon-gun, Macheon-gun, from the IC bank to the scholarship intersection from the IC bank, along the two-lane.

Since there are many automobiles driving in the same direction in the front bank, in such a case, there was a duty of care to prevent accidents by putting off the front bank to a person engaged in driving service and accurately manipulating the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to brealy operate the brake system in an accurate manner, due to the negligence of not neglecting this, and by not operating the brake system accurately, was driven by the victim C (38 S) who was parked in the signal atmosphere in the front of the said cargo vehicle, and the part behind the driver was driven by the victim C (38 S).

As a result, the Defendant driven the above cargo while driving it is difficult to drive it normally due to influence of drinking, and suffered injury to the victim E (V, 5 years old) who took advantage of the damaged vehicle for about two weeks, such as the injury of sacrife, etc., which requires approximately one week medical treatment.

2. On June 5, 2020, the Defendant in violation of the Road Traffic Act (drinking) runs along the street 336, Gangwon-si, Mancheon-si, Gangwon-do, in front of G cafeteria in the state of under the influence of alcohol content 0.157% among blood transfusions on June 5, 2020.

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