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(영문) 전주지방법원 군산지원 2019.08.14 2019고단799

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On May 14, 2014, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on February 7, 2018 and a fine of KRW 1.5 million for the same crime in the same court on February 7, 2018, and was engaged in driving of Bbents.

【Criminal Facts】

1. On May 31, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around 05:56, the Defendant driven the said benz car without obtaining a driver’s license at a section of about 60km from around 07:42, around the same day to the G cafeteria located in the F of the Kunsan-si, Simsan-si, through the front road located in the Dosan-si.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), a violation of the Road Traffic Act (Free Driver's License) and a violation of the Road Traffic Act (Free Driver's License) had been punished twice or more due to drunk driving, the Defendant, without obtaining a driver's license at around 08:50 on May 31, 2019, driven the said Benz's vehicle at a speed of about 30 km in the direction of the distance of transport distance from the modern cocoop distance, while driving the said Benz's vehicle at a speed of about 0.20% in blood alcohol concentration.

At the time of the defendant's operation, the I Poter's cargo vehicle driven by the victim H (the 49-year-old) was stopped in the signal atmosphere, and thus, the defendant engaged in driving duty had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system while living well on the front and left.

Nevertheless, the Defendant is divided into two parts, and the walking is under the influence of alcohol, and the following part of the above cargo is taken as the front part of the passenger car in which the Defendant is driving, by negligence, while neglecting it in the state of under the influence of alcohol, such as a narrow distance, and the above cargo stops in the front door by signal signal.