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(영문) 의정부지방법원 2018.08.14 2016고단4488

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the injury is acquitted.

Reasons

Punishment of the crime

On December 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jung-gu District Court on December 3, 2014, and completed the execution of the sentence at the Jung-gu prison on August 11, 2015.

Criminal facts

On July 26, 2016, the Defendant driven a motor vehicle under the influence of alcohol content 0.387% while under the influence of alcohol content 0.387%, from the front of the bridge in Gyeonggi-gun B to the front of the D in Gyeonggi-gu. In addition, the Defendant driven a motor vehicle under the influence of alcohol content 0.387% in blood.

The Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Jung-gu District Court on December 3, 2014 and on August 11, 2015, and completed the execution of the sentence at the Jung-gu District Court’s prison on August 11, 2015, is currently under the period of repeated crime.

[Criminal facts]

1. The Defendant is a person engaged in driving a motor vehicle E in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 28, 2018, the Defendant driven the above car at around 08:40, and continued D's front road surface located in Gyeonggi-gu ApPC from the front side to the upper side of the road.

At the time, since the victim FF driving GM3 driver's vehicle was in progress in the front section, there was a duty of care to see the front section and to safely operate the brake system by properly manipulating it.

Nevertheless, the Defendant neglected this and neglected the face, and received the front part of the Defendant’s driver’s vehicle due to the negligence that the Defendant was unable to properly operate the operation system due to the influence of alcohol to the extent that the walking is unauted.

Ultimately, the Defendant is in a situation where normal driving of the said car is difficult due to influence of drinking, and the Defendant is influorial fluort to the victim.