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(영문) 의정부지방법원 2019.09.04 2019고단2419
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On October 16, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act. On March 17, 2011, the same court received a summary order of KRW 3,00,000 as the same crime. On March 31, 2011, the same court received a summary order of KRW 3 million as the same crime. On May 14, 2013, the Defendant was sentenced to a suspended sentence of KRW 10,00 by imprisonment for the same crime.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a tea B.

On February 16, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.165% 0.165% around 05:50 on February 16, 2019, while driving the said car, and driving the two-lanes of national highways No. 3, No. 46 in the southyang-ju, at a speed that would not be known by one-lane in the direction of the Hoi tunnel from the private ICT to the luxan.

Since this is a motorway installed as a central separation cost, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely according to the driving direction and not driving a motor vehicle under the influence of alcohol.

Nevertheless, the Defendant neglected to do so, while driving the said vehicle under the influence of alcohol and driving the said vehicle by the Defendant at a regional separation zone as above, was driven by the victim D (the age of 40) who was driving on the right side of the Esch Rexroth vehicle in accordance with the normal direction from the negligence attributable to the road to private ICT according to the side.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Violation of the Road Traffic Act;

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