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(영문) 광주지방법원 2020.12.03 2020고단4933
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 27, 2014, the Defendant issued a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2,00,000 as a fine in the same court on August 9, 2019.

【Criminal Facts】

The Defendant is a person who is engaged in driving a cargo vehicle B or B in freezing II.

On August 14, 2020, the Defendant driving the above cargo vehicle around 15:20 on August 14, 2020, and driving the vehicle at a speed below the speed of Si/Si/Gun along the one-lane of the four-lane road in front of the construction site of the Nam-gu Seoul Metropolitan City.

Since there have been a serious traffic congestion, the person engaged in the driving duty has a duty of care to ensure safety distance with the vehicle driven earlier and to keep the accident by accurately manipulating the steering gear and brake system while keeping the safety distance with the vehicle driven earlier.

Nevertheless, the Defendant neglected to drive the victim E-driving car which temporarily stops in the front of the vehicle due to the negligence of operating the vehicle in a state of difficulty due to the influence of alcohol that reaches 0.245% of blood alcohol concentration, and did not discover the victim E-driving car which was temporarily stopped in the front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant. On the other hand, the Defendant continued to drive the said vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the said vehicle, resulting in the Defendant’s knife part behind the vehicle in front of the G H He driving and the back part of the vehicle in front of the victim I by the vehicle in front of the victim I.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim E, such as salt, tensions, etc. on the clify that requires approximately two weeks of medical treatment, and inflicted injury on the victim M& of the clifying passenger car, such as clifys and tensions that require approximately two weeks of medical treatment, and the victim I.

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