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(영문) 광주지방법원순천지원 2020.09.17 2019고단3208
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

except that the above sentence shall be executed for four years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 15, 2016, the Defendant received a summary order of KRW 1,50,000,000 from the Gwangju District Court's net support for the crime of violation of the Road Traffic Act, and a summary order of KRW 2,00,00,000 as a fine in the same court on May 17, 2017.

【Criminal Facts】

1. From July 21, 2019 to July 21, 2019, the Defendant was driving without obtaining a driver’s license on the road in front of the hospital located in Dacheon-si B, at around 09:50 on December 28, 2017, the Defendant was driving without obtaining a driver’s license in the same manner as indicated in the annexed List of Crimes from July 21, 2019. On July 21, 2019, the Defendant was driving without obtaining a driver’s license on the same 35 occasions as in the same list of crimes. Around 05:00 on July 21, 2019, the Defendant was driving the said vehicle while under the influence of alcohol at approximately 500 meters from the front of the F in Hacheon-si, at the speed of about 500 meters in the front of the H in 114% alcohol level without obtaining a driver’s license.

2. On July 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rocketing car under the influence of alcohol concentration of 0.114%, and led to two-lanes from the distance of municipal ordinance to the luminous distance.

At the time, it is an intersection with signal apparatus installed at night and at the front, so in such a case, the driver had a duty of care to prevent accidents in advance by accurately operating the steering area and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, under the influence of alcohol, the part of the victim I (the 52-year-old driver), who was under the influence of the Defendant due to negligence, was under the influence of the Defendant, to the part of the Defendant’s driving in front of the other car.

Accordingly, the defendant is in a situation where normal driving is difficult due to influence of drinking.

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