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(영문) 의정부지방법원 2018.10.19 2018고단668
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving CH car, who was sentenced to a fine of two million won on February 17, 2009 to a violation of road traffic laws (drinking), and 1.5 million won on March 20, 2009 to a fine of 1.5 million won on March 20, 2009 by the same court.

1. On December 26, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.265%, without obtaining a driver’s license, at the 2km section from the Do in front of the new city where the Defendant was acting in the east 20:00 East-si at the east east 2315-ro, East-si, east 2km-ro, east 315, east 1,000, while driving the said vehicle under the influence of alcohol content of the blood alcohol content of 0.265%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act: (a) drive the said car at the date specified in paragraph (1) above; (b) led the Defendant to turn to the left one lane in the direction of the second apartment in the direction of the second apartment of the 2nd century, which is located in the 2315 road in the 2315 road at the same Dobcheon-si peace.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents by safely passing through an intersection according to the signals of the person engaged in the driving of the motor vehicle, and in such a case, the person engaged in the driving of the motor vehicle has a duty of care.

Nevertheless, despite the fact that the Defendant was under the influence of alcohol and the front direction signal of the Defendant, the Defendant entered the intersection in violation of the signal and left-hand turn to the left-hand turn, and was driven by the victim D(58) driving at the right-hand turn in accordance with the new code by negligence in violation of the signal and received the front part of the left-hand turn of the car.

Ultimately, the Defendant is driving the said car in a situation where it is difficult to drive the car normally due to influence of drinking, and he takes the car to the victim D.

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