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(영문) 의정부지방법원 고양지원 2017.04.14 2017고단720
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The defendant was notified of a summary order of 2.5 million won for a crime of violating traffic law (drinking) at the Goyang Branch of the Jung-gu District Court on October 11, 2007. On January 9, 2008, the same court was sentenced to a fine of 2 million won for a violation of traffic law (drinking) at the same court on January 9, 2008. On September 22, 2016, the defendant was sentenced to a suspended sentence of 6 months for a crime of violating traffic law (drinking) at the same court on September 22, 2016. The above judgment became final and conclusive on September 30, 201

[Criminal facts]

1. On December 15, 2016, the Defendant violated the Road Traffic Act (drinking) driven a D-to-purd vehicle under the influence of alcohol concentration of about 0.196% in a section of about 500 meters from the street in front of the 3rd parallel of Gyeyang-gu, Seoyang-gu and the same day from around 21:20 on the same day at around 21:20 on the same day, at around 21:15, the Defendant driven a D-to-purd vehicle.

2. The Defendant is a person who is engaged in driving a motor vehicle with a d pertaining to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 15, 2016, at around 21:20, the Defendant driven the said car while under the influence of alcohol and continued three-lanes in front of Seoyang-gu Seoul, Seoyang-gu, Seoyang-gu, with three-lanes from Seoul to one-day.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and to prevent accidents.

Nevertheless, the defendant et al. was driven by the victim E (W, 44 years old) who was parked in order to get the passenger to get the passenger in the front bank due to negligence while neglecting it under the influence of alcohol as above.

F. The back part of the left-hand part of the Fstunashed car was received by the Defendant as the front part of the said Astunhurged car.

Ultimately, the Defendant, as seen above, is driving a motor vehicle with sofluries in a situation where normal driving is difficult due to influence of drinking, and the above victim is treated for about two weeks.

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