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(영문) 대전지방법원천안지원 2020.08.21 2020고단1388
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Switzerland.

1. On February 18, 2009, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license). On July 1, 2016, the Defendant was issued a summary order of 7 million won of fine as a crime of violation of the Road Traffic Act (driving without a license) in the support of public order by the Daejeon District Court.

The Defendant, who was under the influence of alcohol and was punished by driving a motor vehicle, etc. on April 20, 2020. On April 22:30, 202, the Defendant, without obtaining a driver’s license on April 20, 202, driven the above spack-line motor vehicle while under the influence of alcohol of about 0.127% of blood alcohol concentration on the 8km section from the front of the Do in the city of Daan-gu, Chungcheongnam-gu.

2. On April 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) and on April 20, 2020, the Defendant driven the above SPP car at around 22:30 on April 20, 202, driving the two lanes of the two lanes 435

At the time of night, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with the duty of care to look at the right and the right and the right of the driver.

Nevertheless, the Defendant, as described in Paragraph 1, driven the above Switzerland while having difficulty in driving normally due to influence of drinking, such as a string distance, and due to the occupational negligence of the victim E (Nam, 34 years old), which led to the change of the car line to the first lane, led to the lower part of the upper part of the driver's driving of the above Switzerland.

Ultimately, the defendant is driving a motor vehicle while normal driving is difficult due to the above influence of drinking.

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