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(영문) 대전지방법원 천안지원 2021.01.22 2020고단1295
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

[Power of crime] On January 31, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court’s Support for Incheon District Court on January 31, 2013.

[Criminal facts]

1. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act is a person driving a Bsch Rexton car.

On April 29, 2020, the Defendant driven the said car under the influence of alcohol content of 0.147% from blood at around 19:00, while driving the said car at a speed of 0.147%, and became to turn to the left at a speed that is impossible to see one lane from the northwest-gu, west-gu, Seoan-gu, Seoan-gu.

Since there is an intersection that is not supported by traffic control, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving a motor vehicle has a motor vehicle first entered the intersection by reducing the speed or temporarily stopping the motor vehicle, and accurately operating the brake and steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not properly look at the traffic conditions of the intersection, and did not turn to the left at the right, and instead instead, got the victim E (W, 38 years old) who turned to the right side of the F-learning car driving by one lane from the 4-lane 4 way to the right side of the road.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, suffered injury to the said victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time damaged the said car to the extent that the repair cost of approximately KRW 651,202 is sufficient.

2. Although Defendant 1 was punished for a violation of the Road Traffic Act (drinking driving) as above, Defendant 2 had the record of being punished for a violation of the Road Traffic Act (drinking driving), the place described in paragraph 1 from the G road in front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu.

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