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(영문) 대전지방법원천안지원 2020.08.10 2020고단1138
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a motor vehicle B.

1. On July 30, 2010, the Defendant issued a summary order of KRW 2.5 million at the Suwon District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving). On April 20, 2015, a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court, and on November 14, 2018, a summary order of KRW 6 million was issued by the Suwon District Court to a fine of KRW 1.6 million due to a violation of the Road Traffic Act (driving).

On April 14, 2020, the Defendant, who was under the influence of alcohol, driven a motor vehicle with blood alcohol content of about 0.153% under the influence of alcohol at approximately 500 meters from the front point of “D” in the city of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu without obtaining a driver’s license on April 14, 2020, while driving the motor vehicle under the influence of alcohol content of about 0.153%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above vehicle at around 20:00 on April 14, 202, and proceeded with the second line of the two lanes in front of the south-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu., Chungcheongnam-do. at an indefinite speed from the direction of the mountain

At the time, there was a place where the center line of yellow-ray was installed at night, so there was a duty of care to prevent accidents in advance due to a person engaged in driving of a motor vehicle who was engaged in driving the motor vehicle to live well on the front side and the left side, and to not fright down the center line.

Nevertheless, as described in Paragraph 1, the Defendant, while under the influence of alcohol, was unable to drive a motor vehicle normally due to the influence of alcohol, was negligent in the course of business and negligent in driving the motor vehicle beyond the central line, and led to the failure of the victim F (ma, 49 years old) driving in the direction of the Defendant’s driving.

Ultimately, the Defendant above.

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