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(영문) 수원지방법원 2019.05.09 2019고단286

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

[criminal power] On July 8, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court on June 2015, and on August 30, 2017, the same court was sentenced to two years of suspension of execution for a violation of the Road Traffic Act on September 7, 2017, which became final and conclusive on September 7, 2017, and the same criminal record was four times of suspension of execution, and on November 15, 2018, four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) was finalized on November 23, 2018. < Amended by Act No. 15038, Nov. 23, 2018>

【Criminal Facts】

1. The defendant is a person who drives B knife a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 24, 2017, the Defendant, at around 02:00, driven a blood alcohol concentration of 0.118% while under the influence of alcohol, which is the degree of driving a stroke while driving a motor vehicle without a driver's license, in an incorrect and inaccurate state of walking, and the degree of driving a stroke while driving a motor vehicle with a little red and low color, and driven a D side road in Osan-si C toward the national road of 1 from the direction of the Mama Residents' Center, and stopped to the national road.

Since there are a little shotle road and there are other vehicles waiting for signal on the rear side, the driver of the motor vehicle has a duty of care to prevent traffic accidents by accurately operating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, neglected to do so, fell by removing from the brac pedal in the middle of the flag, thereby pushing ahead of the brac knife from the brac pedal, and thereafter, F Coin driven by the victim E (the age of 38) who was in the atmosphere of the signal thereafter, she shocked the front part of the passenger vehicle into the back part of the passenger vehicle.

Ultimately, the Defendant is the victim E and C with the above occupational negligence in a situation where normal driving is difficult due to the influence of drinking.