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(영문) 의정부지방법원 고양지원 2017.04.13 2016고단3198
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 500,000 by the Jung-gu District Court on April 10, 200 for a crime of violating the Road Traffic Act (driving alcohol). On December 19, 2006, the defendant was issued a summary order of KRW 3 million for the same crime from the Goyang Branch Branch of the Jung-gu District Court on December 19, 2006. On September 5, 2012, the same court issued a summary order of KRW 2 million for the same crime and received a summary order of KRW 2 million for the same crime, and was punished three times for the violation of the Road Traffic Act (driving alcohol).

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle with CMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 2, 2016, the Defendant driven the said car under the influence of alcohol level of 0.123% on the mountain village 1006, the mountain village located in Sinsan-dong, Busan-gu, Busan-do, which is located in 430, in the height of around 19:10 on October 2, 2016, while driving the said car under the influence of alcohol level of 0.123% in blood while driving the said car at a speed of about 30-40 km per hour among the three-lanes in Sinsan-do.

At the time, there were nights and rains, and in such a case, there was a duty of care to operate the brakes by properly manipulating the brakes while living well on the part of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes in a proper manner, e.g., sent to the front, and stopped by the victim D(59) who was under the influence of the vehicle, was shocked into the rear part of the E rocketing passenger vehicle driven by the victim D(59), and the said rocketing passenger vehicle was driven by the victim F(33 years old) who was under the influence of the vehicle.

Ultimately, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, placed on board the said car with the total of five persons, including the victim D, the victim H (54 years old), the victim D (26 years old), the victim D (24 years old), the victim D (24 years old), and the victim F, who was on board the said car.

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