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(영문) 의정부지방법원고양지원 2020.11.12 2020고단2296
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 17, 2019, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on May 17, 2019.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On July 19, 2020, the Defendant driven the said vehicle while under the influence of alcohol 0.286% of blood alcohol level around 01:30, while driving the said vehicle, and driving the vehicle along five lanes from the D High Road C in front of the Yongsan-gu, U.S., U.S. to the U.S. intersection. At the time, the Defendant was under the influence of alcohol, making it difficult for the Defendant to drive the vehicle under the influence of alcohol, and making it difficult for him to properly operate the steering gear and brakes. In such a case, the Defendant was obliged to immediately stop driving.

Nevertheless, as above, the Defendant was negligent in neglecting the steering gear and brakes in the front state, and was negligent in not operating the steering gear and brakes properly, and was driven by the victim E (E, South, 51 years old) who was under normal driving at the four-lanes of the above-mentioned road, as the front part of the above-mentioned vehicle.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the Defendant, such as salt pans, tensions, etc., in need of a two-day medical treatment for the said E, and suffered injury to the victim G (ma, 22 years old) who is the said taxi driver, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) in the direction of approximately 2 km from the first road located in Ilyang-gu, U.S., Seoyang-gu to the place of the accident described in paragraph 1, the Defendant driven a B-hurd vehicle with a blood alcohol concentration of about 0.286% under the influence of alcohol in the direction of about 2 km.

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