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(영문) 대전지방법원 서산지원 2020.06.24 2020고단345
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On October 31, 2019, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

1. On February 18, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a D-to-pur-car with the intersection in front of the Cmatet in Michuhol-gu Incheon City, Incheon, with a blood alcohol concentration of 0.158%, and proceeded at a speed that is impossible to know in the direction of the E-high school from the direction of E-high school.

At the time, since it is an intersection in which traffic control is not carried out at night and at a place, there was a duty of care to prevent accidents by checking whether a person engaged in driving of a motor vehicle is a vehicle driving a motor vehicle with a view to living the front door well and whether there is a vehicle crossing by temporarily stopping the speed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the speed while proceeding without reducing the speed, and by his negligence entered the intersection from the left-hand side of the Defendant’s driving of the Victim G (34 years old) driving and proceeding at the intersection in the direction of the Defendant’s left-hand side, and received the front-hand part of the said Aburd A3 car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim G, such as brain-dead sugar, without an open two places for treatment for about two weeks, and suffered injury to the victim I (33 years old) who was accompanied by the said Au A3 car for about two weeks, such as brain-dead, without an open two places for treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and on the roads of Michuhol-gu, Incheon Metropolitan City from the J of Michuhol-gu to the roads in front of the same Gu, the Defendant was driving a D self-furd vehicle with a blood alcohol concentration of about 0.158% while under the influence of alcohol at approximately 50 meters.

Accordingly, the defendant is not less than twice the prohibition of drinking driving.

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