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(영문) 의정부지방법원 고양지원 2021.03.17 2020고단3235

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and four 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

1. The Defendant is a person who is engaged in driving a vehicle B at the end of the specific crime, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 7, 2020, the Defendant, without a driver's license of a motor vehicle on November 7, 2020, was under the influence of 0.119% of alcohol during blood, and the Defendant, without a driver's license of a motor vehicle, proceeded in the direction of a white-water in the direction of the breath in the direction of the lue basin.

Since there is an intersection where a signal, etc. is installed, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by making safety driving according to the signal displayed by the signal, etc.

Defendant 1 neglected to perform such duty of care in a situation where normal driving is difficult due to influence of drinking, and due to negligence in violation of the signal stop signal, etc., Defendant 1 received the right side part of the Victim C’s C driver’s car that was in progress from the left side of the course to the right side of the signal, etc. in accordance with the straight line of signal, etc.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, sustained injuries such as salt pans, tensions, etc. of the shoulder pipe, which requires approximately two weeks medical treatment to the victim.

2. On July 28, 2016, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) at a high-level district court's high-level support on July 28, 2016.

The Defendant driven a car with the horses above while under the influence of 0.119% alcohol concentration in blood without obtaining a driver's license from the front of the F in Yongsan-gu Seoul, and from the front of the F in Yongsan-gu to the point of the said accident.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) at least twice.