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(영문) 의정부지방법원고양지원 2020.10.22 2020고단2087
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 26, 2017, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on October 26, 2017.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) (the Defendant, who is engaged in driving of 1.3 tons cargo vehicles BFF 1.3 tons, was unable to drive normally due to drinking due to the influence of alcohol at around 17:40 on June 3, 2020, even though he was under the influence of alcohol at around 0.234% due to the influence of alcohol, the Defendant driving of the said cargo vehicle and driving of the said cargo to drive from C to D in front of the middle village complex of the mountain village complex in the middle-gu

In such cases, a person engaged in driving of a motor vehicle has a duty of care to immediately stop driving, and in cases where it is inevitable to drive a motor vehicle, to properly see the front and rear left, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, while driving under the influence of alcohol as above, was found to have immediately discovered the car by driving F again F in the victim E (hereinafter referred to as 45 years old) who was under the left-hand left-hand parking in front of the direction of the Defendant’s running, and was negligent in failing to avoid the vehicle, and received the back part of the right-hand side of the damaged vehicle by the Defendant’s cargo vehicle.

As above, the Defendant was negligent in neglecting his duty of care while driving in a state where normal driving is difficult under the influence of alcohol, and the Defendant suffered injury to the said victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, driving B, while under the influence of alcohol, at the 2km section of about 0.234% of alcohol level from the middle village of about 2km to the middle village of about 0.234% of alcohol level from the middle village of about 7km village in the same Gu and Jungdong-gu.

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