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(영문) 전주지방법원 2018.09.04 2017고단2499

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

[2] On February 8, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving), and on September 22, 2015, the Defendant was sentenced to a fine of KRW 4 million by the same court on September 22, 2015. On April 23, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act, and the Defendant was sentenced to imprisonment of KRW 6 months by the same court on September 4, 2015 and completed the execution of the sentence in the previous main prison on September 4, 2015.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of a motor vehicle C in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 21, 2017, the Defendant driven the said car under the influence of alcohol level of 0.207% among blood transfusion around 16:00, and continued to drive the said car under the influence of alcohol level of 0.207%, leading directly to the front side of the Jin-gun of Jindo-gun located in Jindo-do as the front side of the Jin-gun of Jindo-do.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and at the time, there was a center line of yellow solid lines, so there was a duty of care to see the front and rear side and right side so that the center line may not be invaded, and to accurately manipulate the steering direction and the brake system.

Nevertheless, the Defendant, under the influence of alcohol, was negligent in driving while driving a vehicle in a state where normal driving is difficult due to the influence of alcohol, and the Defendant was forced to receive the part of the driver's seat of the victim D (W, 41 years old)'s E-wing and the driver's seat of the driver's vehicle of the victim D (W, 41 years old) who was on the part of the driver's seat on the side of the driver's seat of the driver's vehicle and sustained the victim F (W, 70 years old) who was on the same-wing and the above cargo for about two weeks in need of medical treatment.

2. The defendant, who violated the Road Traffic Act (drinking driving), shall be north of the border of the day mentioned in the above paragraph 1.