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(영문) 의정부지방법원 2020.06.16 2020고단898
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million due to a crime of violating the Road Traffic Act (driving). On October 10, 2008, the summary order of KRW 1 million due to the same crime, etc. from the Jungbu District Court of the Republic of Korea on October 10, 2008, and on December 14, 201, a summary order of KRW 1.5 million due to the same crime, etc. from the Seoul Northern District Court of Seoul Northern District Court.

On December 21, 2019, at around 22:05, the Defendant driven DK 3 automobiles while under the influence of alcohol with approximately 2 km alcohol concentration of about 0.196% from the front road of the Namyang-si, Chungcheongnam-si, to the front road of the same city C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a D K3 car.

On December 21, 2019, the Defendant driven the said car while under the influence of alcohol of 0.196% on blood alcohol level around 22:05, and led to the driving of the said car at about 20 km in Seoul in the direction of Seoul, depending on the two-lane road in front C in the southyang-si.

At the time, there was a night and signal at the front, and thus, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as making a well-brut of the front door and operating the steering system accurately.

Nevertheless, the Defendant neglected to drive the front-time in the situation where normal driving is difficult due to such influence of alcohol as above, and failed to accurately operate the operation device, and was driven by the victim E(the age of 26) in the front direction at the direction of the operation, and received the front part of the Defendant’s car.

As a result, the Defendant is driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant is in need of approximately two weeks medical treatment to the victim E.

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