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(영문) 의정부지방법원고양지원 2020.10.22 2020고단2049
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

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On May 29, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.224% with a blood alcohol concentration of 0.24% on May 29, 2020, and driven the two-lane road in front of the long distance of the bank located in the U.S. working in the U.S. jurisdiction in order to drive along the two-lane road from the direction of the U.S. fire station to the lake.

At the time, the Defendant was unable to drive normally due to the influence of alcohol while under the influence of alcohol, such as making it difficult to breathly and considerably falling into the ability to properly operate steering gear and brakes. In such a case, the Defendant had a duty of care to immediately stop driving to a person engaged in driving service.

Nevertheless, as seen above, the Defendant was negligent in neglecting the steering gear and brakes while under the influence of alcohol and failure to properly operate the steering gear and brakes, and due to the negligence of not operating the steering gear and brakes properly, the lower part of the D buses driven by the victim C (Nam, 54 years old) who was standing in the signal atmosphere at the front section of the said one-lane, was received as the front part of the said cargo vehicle.

Ultimately, the Defendant driven a cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of medical treatment for about three weeks.

2. On November 19, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Goju District Court.

【Criminal Facts】

The Defendant driven the said cargo vehicle while under the influence of alcohol level of about 0.224% in a section of about 2 km from the F cafeteria located in Seoyang-gu, Busan Metropolitan City to the vicinity of the long distance of Korean bank located in Goyang-gu, Seoyang-si.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

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