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(영문) 수원지방법원 안양지원 2020.05.14 2020고단81
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 of the final judgment.

Reasons

Punishment of the crime

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

On December 30, 2019, the Defendant, while under the influence of alcohol on 0.071% of blood alcohol concentration at around 23:50 on December 30, 2019, was driving along three lanes from the parallel parallel to the parallel line along the direction of the 5-lane adjacent to the Ansan Viewers, as the citizen of the Gu during the safe-time period.

On the front of the defendant's running direction at the time, DNA EXE car driven by the victim C(34 years old) was stopped by traffic signal. In such a case, the driver of the vehicle had a duty of care to take into account the traffic situation in the front and to prevent the accident by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care, was negligent in proceeding as it was, and the front part of the EXE car was followed by the above EXE car.

As a result, the Defendant suffered injury to the victim C, such as salt ties, tensions, etc. in need of two weeks’ medical treatment due to the above occupational negligence in a state where normal driving is difficult due to influence of drinking, and at the same time, the Defendant suffered injury to the victim E (the age of 35) who was on board the said X-ray car, such as light chills, tensions, etc. requiring approximately two weeks’ medical treatment.

2. On March 6, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for the violation of the Road Traffic Act at an Ansan District Court's Ansan Branch for the violation of the Road Traffic Act.

During the period of the temporary border stipulated in paragraph (1), the Defendant was driving B-low-income cars at a distance of about 1 km from the front of the Gu Ftel road to the front of the safe viewing road located in 230 as a citizen of the same Gu, while under the influence of alcohol concentration of about 0.071%.

Accordingly, the defendant is driving under drinking.

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