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(영문) 대전지방법원 천안지원 2018.05.10 2018고단451

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to a suspended sentence of two years for six months in the same court on April 16, 2008 due to a violation of road traffic laws in the Daejeon District Court's support on September 15, 201, a fine of four million won in the same court on September 15, 201, and a crime of violating road traffic laws (drinking), etc. in the same court on January 24, 2014.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of Bone Star Motor Vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 11, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.281% among blood alcohol level around 16:50, and driven the said vehicle along the three-lane roads in front of south-gu Seoul in Yananananan-dong, Southern-gu, Seoul, along the one-lane area from the jurisdiction of the fire department in the westanananananan-dong, the Defendant proceeded along the one-lane area.

At this point, there was a duty of care for those who are engaged in driving of a motor vehicle with a center line of yellow solid lines to safely proceed with the center line.

Nevertheless, the Defendant neglected this and caused the injury of the victim D (the 56-year old-age-old 2) with the driver’s seat level of the 2nd vehicle in the E-Poter drive of the victim D (the 56-year-old 56-year-old 2ndr), which was driven by the central line due to the influence of drinking, to the victim FF (the 56-year-old 56-year-old 56-year-old 5) who was on the part of the 2nd vehicle under the opposite direction. The Defendant suffered the injury of the victim, such as brain-dead, etc., which requires approximately 3 weeks medical treatment.

2. On January 11, 2018, the Defendant violated the Road Traffic Act (drinking) driving a Bone Star motor vehicle under the influence of alcohol leveling 0.281% of alcohol level from a cafeteria in the trade name of the Nam-gu, Nam-gu, Chungcheongnam-gu to the roads in the south-gu, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. The defendant's person;