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(영문) 수원지방법원안산지원 2020.10.14 2020고단2745
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

The Defendant is a person who is engaged in driving K7 vehicles.

1. On June 18, 2014, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Road Traffic Act, such as a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch.

On June 16, 2020, the Defendant, while under the influence of alcohol of 0.113% of blood alcohol level, driven the above K7 vehicle at approximately 3km from the D cafeteria parking lot located in the Sinsan-si, Sinsan-si to the front road located in the Seocho-si, Seosan-si, Seoul-si, and violated the duty of prohibition of drinking driving twice or more.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the above vehicle while under the influence of alcohol at a temporary border as above in paragraph (1) and was driving the front road in the vicinity of the Seocho-si Gyeong-si Gyeong-si Gyeong-si Gyeong-si, Ansan-si, in the direction of the 4-lane km road from the superregional and underground streets.

In such cases, a person engaged in driving service has a duty of care to safely drive the brake and steering gear by accurately operating the steering gear and steering gear.

Nevertheless, while the Defendant neglected this, while driving in a state where normal driving is difficult due to influence of drinking, such as a little red and little rain, he is driving in the same direction, sees the back portion of the FSS5 vehicle of the victim E (ma, 36 years old) driving in the same direction into the front part of 7 vehicles of the Defendant driving in the same direction, thereby pushing the K7 vehicle in the future due to the shock of the victim G (V, 29 years old) driving in the same direction while driving in the same direction, and the JM vehicle of the victim I (V, 51 years old) driving in the direction of the same direction in the two-lane, and makes the victim I (V, 51 years old) driving in the direction of the same direction open to the front side, and sees the 3rd vehicle of the victim K (ma, 49 years old) driving in the front and waiting in the same direction.

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