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(영문) 대전지방법원 홍성지원 2020.05.27 2020고단40
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B low-speed car;

On November 1, 2019, the Defendant driven the said car with 0.125% alcohol concentration around 00:10, while under the influence of alcohol on November 1, 2019, and driven it along three lanes in front of the DNA oil station in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant driven it along three lanes on the side of the Daecheon-si.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely keeping the vehicle along with the vehicle line, such as: (a) he/she is prohibited from driving the motor vehicle in a state where normal driving is difficult due to influence of drinking; and (b) he/she has a duty of care to safely drive

Nevertheless, the Defendant neglected this and received the back portion of the F K7 car driving by the injured party E, which was in the same direction two lanes from the front bank, in front of the left side of the Defendant’s car.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim E, such as chrops and tensions in detail, and the injury to the victim G who was accompanied by the damaged motor vehicle for about two weeks, such as dump dump, tensions, etc.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the 3km section from the roads in front of the H market in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the roads in front of the D stations in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant driven a B low-speed car with a blood alcohol concentration of about 0.125% while under the influence of alcohol.

Accordingly, the defendant drives an automobile while under influence of alcohol.

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