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(영문) 춘천지방법원 원주지원 2018.03.28 2017고단1188

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 defendant shall be sentenced to the above punishment for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 22, 2009, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the original state branch of the Chuncheon District Court. On July 28, 2014, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts]

1. On July 16, 2017, the Defendant violated the Road Traffic Act (divated driving) driving a C-do motor vehicle under the influence of alcohol with about 400 meters alcohol concentration of about 0.161% from a 400-meter radius from the Do near the central road in the city of Won-si to the front road of the G-si elementary school located in 262 in the city of Won-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. The Defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 16, 2017, the Defendant driven the above car at around 21:50, and proceeded ahead of the school-based elementary school in 262 as the Won-si, Hanju-si, with the view to the protection of the new interest industry.

At the same time, there is an intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to safely drive the front door and the left and right of the motor vehicle, by accurately operating the steering gear, the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol content 0.161% during blood, did not see the front side and left side and left side without accurately operating the steering direction and brake system, by negligence, driven by Defendant D (64 ) in front of the said vehicle by the victim D (64 ) who stops in the atmosphere of the signal signal with the front part of the said vehicle by negligence, and caused the said victim D's rocketing cab to be driven by the victim F (F, 28 years old) due to the shock.

Ultimately, the Defendant.