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(영문) 청주지방법원 2018.07.27 2017고단2729

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal history] On March 11, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic laws at the Cheongju District Court on March 11, 201, and on May 1, 201, the Defendant was sentenced to a suspended sentence of one year to imprisonment with prison labor for the same crime on May 1, 201, and was sentenced to a suspended sentence of two or more occasions for a crime of violating road traffic laws (driving under drinking), and is engaged in driving service of B car rental cars.

[Criminal facts]

1. On September 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (drinking driving), driving the said vehicle under the influence of alcohol level of 0.122% at around 15:40 on September 3, 2017, and driving the said vehicle along the three-lane road near the Chang-ri distance to the old airport in the Cheongju-ri city, and driving the said vehicle along the three-lane road near the Chang-ri distance at the intersection of the Cheongju-ri city, and driving it along the three-lane route.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to avoid accidents in advance by driving the steering gear and brakes accurately and safely.

Nevertheless, the above part of the left part of the victim CBR60 U.S. driving with the above three-lanes in the same direction due to the negligence of driving while under the influence of alcohol as above was committed by the victim CBR60 U.S. to the right part of the said vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim during approximately six weeks of medical treatment.

2. On March 31, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) volume of B car car from the section of approximately 50km from the front day of the 50km to the front day of the Chang-gu, Chang-gu, Seoul Special Metropolitan City, the petition of which was filed to the front day of the 51,205, as a model of the 00-party 205 square meters of the front day of the 200-party 205, without obtaining a driver’s license on March 31, 2018.