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(영문) 춘천지방법원 2020.07.22 2020고단548
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On October 13, 2006, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving on September 16, 2006) with respect to the criminal facts driven in the state of 0.085% of blood alcohol level at the Seoul Southern District Court on September 16, 2006, and issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving on April 30, 2007) at the Chuncheon District Court on April 30, 2007, and was sentenced to a suspended sentence of two years in October.

【Criminal Facts】

1. A person who is engaged in driving cars B and III cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On April 8, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.159% with a blood alcohol level of 0.159% on Apr. 8, 2020, and led the Defendant to proceed from the surface of the bank to the west-do Hongcheon-gun.

At the time, there is a duty of care to safely drive a motor vehicle, such as: (a) a night and a yellow solid line is installed; (b) a person engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle, such as seeing the steering room and accurately manipulating the steering gear, and not going beyond the opposite lane.

Nevertheless, the Defendant neglected to do so and proceeded with the center line while under the influence of alcohol while driving it on the opposite lane, and was driven by the victim E (the 65-year-old driver) driving a Falone set of the Falone Driving Vehicle in the opposite lane with the left front part of the said cargo vehicle of the Defendant driving.

As a result, the Defendant: (a) driven the above cargo while driving a motor vehicle under the influence of alcohol such as a walk-off and a rain-distance; and (b) sustained injury, such as “heat in two brains without any two wifes,” which requires approximately four weeks of medical treatment to the victim E; and (c) suffered from the victim G (the age of 69) who was on board the victim’s driving together with the said motor vehicle for about three weeks of medical treatment.

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