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(영문) 전주지방법원 2018.05.15 2017고단911

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. The Defendant is a person who is engaged in driving of C car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 13, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.108% during blood alcohol level from May 12:3, 2017, and continued to drive the said vehicle under the influence of alcohol level of 0.108% in front of the E-mail distance Do, which is located in the west-gun of the former North Korea, by straightening the said vehicle at a e-mail level from the e-grade of the mountainside where the road is enclosed on the two-lanes in front of the former North Korea.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and the left side and right side well, and accurately operating the steering wheel and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Victim F (35 S) who was under stop for signal waiting at the front direction of the same mast, due to negligence in the course of duty, and was found late to find out the Gstren car in the front direction of the vehicle driven by the Defendant, and received the right pande of the said strawer in the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered, by negligence in the course of business, the injury of the above victim, such as finites that need to be treated for about two weeks due to the influence of alcohol, and the injury of finites and tensions that need to be treated for about two weeks to the victim H(26 years) who find on the vehicle.

2. On March 28, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jeonju District Court on March 28, 2008, and a summary order of KRW 2.5 million for the same crime at the same court on January 6, 201, respectively.

Nevertheless, at the same time as Paragraph 1, the defendant is about 400 meters from the vicinity of the I building in North Korea to the place referred to in Paragraph 1.