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(영문) 의정부지방법원 고양지원 2021.03.17 2020고단3300
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

1. The Defendant is a person who is engaged in driving a motor vehicle B in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 9, 2020, the Defendant driven the said car under the influence of alcohol level of 0.176% among blood transfusions on October 9, 2020, and continued to drive the said car at the speed of 0.176% according to one lane from the direction of the IC to the intersection of the 267 parallel of the 267 parallel of the Hanyang-gu, Seoyang-gu, Seoyangyang-gu.

In such cases, the driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and duty of care to operate the motor vehicle safely and prevent accidents in advance.

Defendant 1 was negligent in performing the duty of care in a state where normal driving is difficult due to negligence while under the influence of alcohol as above, and was negligent in neglecting such duty of care, and received the back spread of C Driving DK5 car, which was stopped under the signals of signal, etc. in front of the direction of math, from the front end of the said PP car.

Ultimately, the Defendant sustained injury to the victim E, who was on the top of the operation of the said K5 vehicle while driving the vehicle in a state where normal driving is difficult due to influence of drinking, such as “a fluoral salt, tension,” which requires approximately two weeks of medical treatment.

2. On March 12, 2009, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act (drinking) at a high-level district court of the Jung-gu on March 12, 2009, and on January 10, 201, by a fine of two million won for the same crime at the Seoul Western District Court of the Seoul Western on January 10, 201.

The Defendant driven the said PP car under the influence of alcohol level of about 0.176% in the 22km section from the date and time set forth in paragraph 1, and from the Do near any restaurant in Gangseo-gu Seoul Metropolitan City to the point where the said accident occurred.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.

(i) the evidence;

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