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(영문) 대전지방법원 천안지원 2017.10.12 2016고단1876

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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] On April 22, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law in the Seocheon Branch of the Daejeon District Court on April 22, 2013. On May 26, 2016, the Defendant was indicted for the above crime and violated Article 44(1) of the Road Traffic Act two times.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle with CM3 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 30, 2016, the Defendant driven the above vehicle while under the influence of 0.185% alcohol during blood alcohol during the influence of around 23:45 on June 30, 2016, and led to a brick mountain mining apartment in front of the apartment, located in 118, Nam-gu, Southern-gu, Chungcheongnam-gu, Seoul, to continue to proceed from Acheon-do.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as making it well grounded 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 operation

Nevertheless, by negligence, the defendant was negligent in driving the victim D(64) who was standing in the front signal atmosphere before the defendant's person.

E Launaly stud part of the back part of the said SM3 vehicle was received as the front part of the said SM3 vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered injury to the victim F (51) who is the passenger of the damaged vehicle for about two weeks, such as climatic salt, tension, etc. in need of medical treatment for about two weeks, and suffered injury to the victim F (51) who is the passenger of the damaged vehicle.

2. The Defendant violates the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) in front of a non-exclusive restaurant in the south-gu Cheongdong-gu under the influence of alcohol concentration of 0.185% in the state of suspension of the validity of a driver’s license even though he/she had a record of violating Article 44(1) of the Road Traffic Act two times or more as stated in the criminal records.