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(영문) 대구지방법원 김천지원 2018.12.20 2018고단1098

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking driving), etc. in the Daegu District Court Kimcheon-cheon Branch on March 20, 201, and a fine of five million won due to a violation of road traffic law (drinking driving) in the same court on March 20, 201, and on April 5, 2018, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of road traffic law (drinking driving) and was sentenced to a suspended sentence on April 13, 2018.

1. Around July 20, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a motor vehicle in front of the Gu-U.S.-Si B with C around July 17:23, 2018, thereby driving the motor vehicle in front of the Gu-U.S.-Si (Seoul) into the square No. 2

Since the place is a road marked by the center line with a yellow solid line, a person engaged in driving a motor vehicle has a duty of care to refrain from driving the center line without driving it in a state where normal driving is difficult due to influence of drinking.

Nevertheless, the Defendant, while under the influence of alcohol level 0.19% in blood, was faced with the opposite lane due to the negligence that was driven by the center line in a state where normal driving is difficult due to the influence of alcohol while under the influence of alcohol, and was driven by the victim E (n.e., the age 49).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim’s injury of light chills and tensions that require approximately two weeks of medical treatment.

2. Notwithstanding the fact that the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) at least twice, the Defendant’s blood alcohol density without obtaining a driver’s license from around 500 meters from the front day of the apartment apartment G G in Gu, Gu, Si, Gu, Si, Gu, Nowon-si, to the front day of the Gu, Gu, Si, si-si, around 17:23, 2018.