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(영문) 대전지방법원 천안지원 2021.02.18 2020고단2340
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

On December 9, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court's Branch on December 9, 2013.

1. The Defendant is a person who is engaged in driving a motor vehicle B in high-priced car.

On July 27, 2020, the Defendant driven the above car on July 27, 2020, while driving it at around 09:10, 3-lanes in the north-gu, Seoan-gu, Seoan-gu, the two-lanes of the D in front of the C in Seoan-gu, Seoan-gu, the two-lanes of the sports range distance cannot be seen.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by driving a motor vehicle safely, such as making a good living of traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol content 0.285% in blood, neglected to operate the brake system in such a state that it is difficult for him to drive normally, such as a remote distance, and was sent back to the front line by negligence that did not operate the brake system properly, and was sent back to the victim E (Y, 54 years old), the rear part of the second cargo 2 freight vehicle in the front line of the said vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer injury, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. Although Defendant 1 had been punished for violating the Road Traffic Act as above, Defendant 1 driven the said car under the influence of alcohol content of about 0.285% in the section of approximately 1km from the G apartment in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the place indicated in paragraph 1 at the time of the day indicated in paragraph 1.

This is the defendant.

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