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(영문) 의정부지방법원 2020.04.14 2019고단5220
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 00:35 on October 21, 2019, the Defendant driving a vehicle B under the influence of alcohol content of about 40 km from the 40km section to the 51.8km in the direction of the government of the city in Yangju-si, both of which, from the front of a restaurant in which it is impossible to identify the trade name in the transmitting-dong of Seocheon-si, Seocheon-si, Seocheon-si, the Defendant driven a vehicle B under the influence of alcohol content of about 0.103% from the 40km section to the 51.8km in the direction of the government.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving automobiles B.

The Defendant driven the said car under the influence of alcohol concentration of 0.103% at a time and place under paragraph (1) at a time and place, and driven the said car at a speed of about 80-90 km at a speed of about 51.8 km away from the government direction of the Hann-ri Seoul Metropolitan Mo-ri, an additional four-lane road at a distance of 51.8 km in the Nowon-gu, Seocheon-ri, Seoul.

Since the place is a white-down line within a tunnel, where a safety mark is installed and a change of course is particularly prohibited, the driver of the motor vehicle has a duty of care to safely drive the steering gear and brake system in an accurate manner to prevent accidents by safely driving the motor vehicle without changing the course of the motor vehicle and the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate steering devices, etc., caused a change of course from the two lanes to the three-lanes by negligence, which led to a conflict between the two-lanes and the three-lanes on the left side of the victim C (Nam, 26 years old) driving in the same direction as the other side of the passenger of the Defendant.

Ultimately, the defendant driving the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and driving the vehicle to the victim C, and driving the above X-ray car for about two weeks.

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