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(영문) 의정부지방법원 고양지원 2017.02.16 2016고단3385

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving on the 21-lane of the sunlight village 21-lane 0.12% of alcohol level in front of the blood, while under the influence of alcohol level of 0.12% in the direction of 0.12% of alcohol level in the direction of the 125-clock, and driving on the 59-year age) a victim C (the 59-year age) was under the influence of alcohol level.

D Launta vehicle was driven by approximately 30 km per hour.

In this case, since the vehicle stopped on the front side is driven, the driver had a duty of care to safely proceed by sending the signal by a horn, etc. according to the road situation.

Nevertheless, the defendant judged that he will stop the left-hand turn due to the influence of alcohol without neglecting this, and that the defendant caused the side of the victim's vehicle's left-hand side to the right-hand side due to the negligence of driving the vehicle on the left-hand side of the victim's vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as the escape of the head, along with the items requiring approximately two weeks medical treatment, to the victim C.

2. On December 13, 2007, the Defendant was sentenced to a fine of KRW 500,000 to a fine for a violation of the Road Traffic Act (driving) at the District Court of the Jung-gu District on December 13, 2007, and on May 12, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the District Court of the Ku-gu District on May 12,

On August 20, 2016, the Defendant driven the obane listed in the above paragraph (1) while under the influence of alcohol content of about 0.112% at a 4km range from the convenience store located at the 41-day Won-gu Soyang-gu Won-gu at a high altitude of around 19:00 to the place described in the above paragraph (1).

Accordingly, the defendant's Road Traffic Act on the prohibition of driving under the influence of alcohol.