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(영문) 전주지방법원 2020.04.10 2020고단240
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 6, 2011, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Jeonju District Court, etc. On September 6, 201, the Defendant was sentenced to imprisonment for a period of two years and six months. On September 6, 2016, the same court was sentenced to imprisonment for the same crime, etc. and completed the execution of the sentence in the Jeonju Prison on December 25, 2017.

【Criminal Facts】

1. At around 15:40 on December 2, 2019, the Defendant illegally used a motor vehicle owned by the victim C, a “D” restaurant operated by the victim C, and a motor vehicle owned by the victim, without permission, in order to bring about skins.

In addition, the EM5 car owned by the injured party using the key of the vehicle in the above restaurant cafeteria was operated approximately 300 meters from the 3th eM5 car.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. On December 2, 2019, the Defendant driven the EM5 vehicle under the influence of alcohol by 0.134% in a section of about 300 meters from the 15:40 degree from the frontwest-gun B and the front of D to the F, while under the influence of alcohol without a vehicle driver’s license.

Accordingly, the Defendant was driving a motor vehicle in violation of the prohibition of driving under the influence of alcohol without a driver's license more than twice.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving cars.

The Defendant, while under the influence of alcohol level of 0.134% without a driver's license for a vehicle at the time of paragraph (1), was driving the said vehicle, and led the F of the Jeonju-gun to bypass the said vehicle at a speed that cannot be known in the direction of the new gold distance from G bank.

In such cases, an accident, such as safe driving, etc., to ensure that a person engaged in driving of a motor vehicle properly handles the steering system, brakes, etc. of the motor vehicle and does not disturb the central line.

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