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(영문) 의정부지방법원 2019.07.03 2019고단1303

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On June 7, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act at the Jung-gu District Court on the same day, and on December 10, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

1. On March 17, 2019, the Defendant driven the EM5 vehicle under the influence of alcohol of about 0.258% with a blood alcohol concentration from the 7km section from the front of C in Scheon-si B to the front of D in the same city.

As a result, the defendant has already been punished for drinking driving more than twice, but again, he was under the influence of alcohol.

2. The defendant is a person engaged in driving a vehicle EM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At the date stated in paragraph (1), the Defendant driven the said car while under the influence of alcohol content of 0.258% on the date stated in paragraph (1) and proceeded from the side of the Hancheon-si along the two-lanes in front D in the Hancheon-si to the F Medical Center at an indefinite speed.

At night, there were other vehicles on the road above, and thus there were duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle, such as accurately operating steering devices and brakes according to traffic signals.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of driving by a stop signal on the first lane of the said road by negligence while driving the front section of the said SM5 car.

As above, the Defendant driving the said SM5 vehicle in a state where normal driving is difficult due to the influence of drinking, and driving the said SM5 vehicle to the victim G for about two weeks, and suffered injury such as salt, tension, etc., and the above spke.