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(영문) 춘천지방법원 원주지원 2019.08.14 2019고단456
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On August 20, 2008, the Defendant was sentenced to a fine of 1.5 million won on the grounds of the violation of the Road Traffic Act (driving) by the nuclear power branch of the Chuncheon District Court. On April 6, 2012, the Defendant was issued a summary order of 5 million won by the same court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

The Defendant is a person who is engaged in the operation of Lone Star Co., Ltd.

1. Around 02:00 on February 4, 2019, the Defendant was driving the said maid vehicle from the front side of the original C apartment parking lot in the original city to the front road of the same city in the state of alcohol concentration of 0.168%, while under the influence of alcohol around 02:0,00.

As a result, the defendant had been punished for drunk driving more than twice, but he once drives a motor vehicle.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) led the Defendant to drive the said van while under the influence of alcohol, such as the date and place set forth in Paragraph 1., and the said van was under the influence of alcohol as set forth in Paragraph 1., and led the road of one lane in front of the original city from Emline bank to Fmiddle School bank.

At the time, there is a night and a place where a large number of vehicles are parked at the edge of a road, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right of the driver of a motor vehicle.

Nevertheless, the Defendant was driven by the victim G(39 years of age) who was driven in the opposite direction due to negligence not operating the steering direction and brake system in a state where normal driving is difficult due to influence of drinking, and was driven by the victim G(39 years of age) prior to the left-hand side of the HM5 car by the Defendant.

Ultimately, the Defendant is driving the above van while it is difficult to drive it normally due to the influence of drinking, and the victim is the victim.

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