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(영문) 의정부지방법원 2020.06.16 2016고단5691

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

1. On December 2, 2010, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Cheongju District Court on the grounds of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license). On October 28, 2015, the Defendant was issued a summary order of KRW 5,00,000 as a fine for the same crime under the Cheongju District Court Support.

On November 21, 2016, around 18:17, the Defendant driven D Poter Cargo under the influence of alcohol level of about 0.161% without obtaining a driver’s license in the section of about 20km from the front of the “C” restaurant located in Gyeonggi-si, Gyeonggi-do to the road adjacent to the Il-dong-dong, Gyeonggi-do.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the cargo vehicle specified in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) is a person engaging in driving freight cars.

On November 21, 2016, the Defendant, without obtaining a driver's license on November 21, 2016, driven the above cargo vehicle under the influence of 0.161% of blood alcohol level without obtaining a driver's license on November 21, 2016, and led the two-lanes of the national highway No. 47 in the vicinity of the Japanese intersection, which is located in the one-lane in the calculation of Gyeonggi-do, to proceed along the two-lanes of the imported intersection.

At this point, there is a vehicle driving on the front side of the same lane, so it is safe to reduce the speed to the person engaged in driving of the motor vehicle and thoroughly operate the steering direction and brake system of the motor vehicle.