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(영문) 대구지방법원 경주지원 2017.09.14 2017고단318

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2002, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, from September 30, 2008 to a summary order of KRW 1,50,000 for the same crime, from the same support on August 14, 2014 to a summary order of KRW 4 million for the same crime, from the same support on August 14, 2014, and from the same support on March 10, 2016 to a fine of KRW 6 million for a crime of violating the Road Traffic Act.

Although the Defendant had been punished for drinking driving two or more times as above, the Defendant driven G xG car under the influence of 0.133% alcohol concentration in blood without a driver’s license from around 200:20 on April 18, 2017 to around 200 meters from the place of residence of the land owner located in D on the racing-si to the F neighboring road in E.

2. The Defendant is a person engaging in driving a GG car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 18, 2017, the Defendant, at around 20:20 on the F neighboring roads located in Sin-si, Sin-si, Sin-si, the Defendant driven the frane XG car with a view to a dry-scale gate from the private gate and driving the frane XG car.

Since there was a road indicating the yellow median line, there was a duty of care for those engaged in driving of the motor vehicle to drive the motor vehicle safely without breaking the center line.

Nevertheless, the Defendant, while driving the said car under the influence of alcohol such as ina 0.13% alcohol concentration in blood, is inaccurate, unbrupted, reding in face, etc., is difficult to drive normally due to the influence of alcohol, and by occupational negligence proceeding with the central line while driving the said car while driving the car under the influence of alcohol, and by occupational negligence proceeding with the Defendant on the opposite direction of the victim H(Y, 24 years old) driving on the opposite direction of the Defendant.