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(영문) 의정부지방법원 고양지원 2019.10.24 2019고단2479
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a gallon car.

1. On August 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol level of 0.258% on blood alcohol level around 04:40 on August 25, 2019, and led to a speed of about 40 km in speed from the luminous off to the math of Mari-1st City at the time of Pakistan.

Since there is a road where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by safely proceeding the center line to the right-hand side of the center line rather than the center line.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded without properly examining the front section in a situation where normal driving is impossible, and the front part of the driving seat of the victim C(Y, 28 years old) driving of the DK3 car, which was in the opposite line of the Defendant, was shocked by the front part of the driving seat of the Defendant’s gallon in the front part of the car driving seat.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. On May 29, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the Goyang Branch of the District Court of the Jung-gu District on the grounds of the violation of the Road Traffic Act.

At around 04:30 on August 25, 2019, the Defendant driven the said B Hegel vehicle under the influence of alcohol level 0.258% under the influence of alcohol level 0.258% on the same day from the front of the Fju store located in E on the same day to the roads of 04:40 on the same day.

Accordingly, the defendant is under the influence of alcohol despite the fact that he violated the prohibition of driving a motor vehicle under the influence of alcohol.

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