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(영문) 의정부지방법원고양지원 2020.09.10 2020고단1343

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) and the Defendant is a person engaging in driving a passenger car B high-speed;

On March 7, 2020, the Defendant was under the influence of 0.120% of blood alcohol concentration around 22:30, and changed the two lanes to the two lanes in order to stop on the right side of the side while driving the said vehicle along a two-lane road in front of the Yongsan-gu Busan Metropolitan City C in the Goyang-si from the lower side of the day to D.

In such cases, when there is a concern that a person engaged in driving of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of change, he/she shall not change course, and he/she has a duty of care to inform in advance of the change of direction with the direction, etc., and to prevent accidents in advance by safely changing the lane in the direction, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of alcohol, such as a long distance, and neglected to do so, and intentionally changed the motor vehicle on the right side of the Defendant’s motor vehicle, thereby leaving the left side of EW125 EW 125 two-lane motor vehicle driving along the right side of the Defendant’s motor vehicle beyond the Defendant’s right side.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, received “knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-

2. On May 4, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court as a crime of violating the Road Traffic Act.

[Criminal Facts]