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(영문) 수원지방법원안산지원 2020.10.07 2020고단277
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on August 14, 2013, and on November 14, 2017, the Defendant was sentenced to imprisonment for one year with prison labor for the same crime in the same court on November 14, 2017, and the said judgment became final and conclusive on November 22, 2017.

1. On November 9, 2019, the Defendant was driving a F string-man car at the section of approximately 3.2 km from the road near the “C Hospital” located in Heunging City B while under the influence of alcohol by 0.142% without the driver’s license, to the front road of the “E” located in Heunging City D, while under the influence of alcohol by 0:31, 2019.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a F bodyman car.

On November 9, 2019, the Defendant driven the said car at a speed that is difficult to drive normally due to the influence of alcohol that reaches 0.142% of the blood alcohol concentration at around 00:31 on November 9, 2019, and led the front of the “E” in D at the time of the show of the trial to drive at a speed that is impossible to be known from the surface of the king to the surface of the king air.

At the time, there are nights and other vehicles on the road, so in such a case, there was a duty of care to prevent accidents in advance by complying with the vehicle driving line and driving another vehicle's attitude on the road.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear due to the influence of drinking, and due to the negligence that the Defendant was driven by the victim G(28 years old) who was driving on the left-hand side of the Defendant’s car, and received the part of the H Haststa car’s top top-down, which was driven by the Defendant’s car driving seat.

Ultimately, the Defendant is a victim who drives the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and is boarding the said vehicle G with the victim.

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