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(영문) 대전지방법원 천안지원 2017.06.08 2017고단314

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 May 27, 201, the Defendant received a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on May 27, 201, and a summary order of KRW 2 million for the same crime at the same court on December 3, 2010, respectively.

[Criminal facts]

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

On January 18, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.118% during blood alcohol level from around 08:47, and continued to drive the vehicle in front of the two-lanes of Samsung ALC on the side of Samsung I dormitory.

Since the location is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by driving the motor vehicle in accordance with the front line and driving the motor vehicle in advance.

Nevertheless, the defendant neglected the above duty of care and failed to follow the red-fluoring signal, and neglected to turn to the left from the MadI room of Samsung C (24 tax) driving on the part of the victim C (24 tax) who was going to turn to the left from the MadI room of the MadI, and caused the back of the driver's seat of the vehicle.

Ultimately, the Defendant driven the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury to the said C, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. On January 18, 2017, the Defendant, like written in criminal records, was a person who has been in violation of Article 44(1) of the Road Traffic Act twice or more, and driven a B observer car at the section of approximately 2.4 km from the front of “the number of fluence fluence fluence fluence fluence fluence fluence fluence fluence 0.118% under the influence of alcohol during the blood transfusion around 08:47, Jan. 18, 2017 to the front road of the same fluence fluence fluence fluence fluence fluence fluent at Asan City.

(i) the evidence;