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(영문) 의정부지방법원 고양지원 2017.07.12 2017고단1661
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 notified of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court on November 9, 2009, and was notified of a fine of KRW 4 million for the same crime in the same court on August 25, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving a car called Bradar.

1. On May 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.161% without obtaining a driver’s license from around 3 km section from the roads near the Eup/Myeon of Priju, Priju, Priju, the Eup/Myeon of Priju, to the multi-level intersection located in 23-9, Priju, Priju, in around 15:45 on May 8, 2017.

Accordingly, the Defendant, even though he had a driving record of drinking not less than twice, had a motor vehicle driven again while under the influence of alcohol and had a motor vehicle driven without obtaining a driver's license.

2. On May 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) led to a two-lane crossing of a multi-rate crossing in the speed of 23-9, the same as that of the gold village at a free distance from the boundary of the gold village to the non-speed speed.

At the time of the defendant's frontline, the victim C(59) car driven by the victim C(59) was in the atmosphere for signal communication, so in this case, the driver of the vehicle had a duty of care to prevent the accident by putting the front door on the driver and operating the brake and steering gear properly and safely.

Nevertheless, the Defendant neglected to do so and neglected to neglect the liquor-free week while under the influence of alcohol and failed to properly operate the operation system, and caused the victim's driver's subsequent part of the passenger car to the Defendant's front-hand part of the car.

Ultimately, the Defendant is driving the said car in a state where it is difficult to drive it normally due to the influence of drinking.

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