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(영문) 대전지방법원 천안지원 2017.10.19 2017고단402

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 November 2, 2015, the Defendant was issued a summary order of KRW 3 million with the same crime as a fine of KRW 3 million at the same court on November 8, 2013, respectively, in the Daejeon District Court’s Support for the Crime of Violation of Road Traffic Act (drinking).

[1] The Defendant 1. Violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (licensed driving) violated Article 44(1) of the Road Traffic Act on at least two occasions, but once again, Defendant 1 driven a DNA car under the influence of alcohol leveling 0.160% of blood alcohol level while under the influence of alcohol leveling 0.160% without obtaining a driver’s license on the front of the galsian department store located in the 227 North-gu, Yananan-si Park, Yan-si, Yan-si, Yanan-si, 201.

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

The defendant driving of the above car at the border of the day specified in paragraph 1, and driving three-lane paths in front of the above gallonian department store, along the three-lane of the road, from the direction of the Agalian Asan Station to the view of the gallon.

At the time, there are nights, and at the same time, there is a red flickering, etc., so the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to drive the motor vehicle safely with due care for other traffic, having been set temporarily before entering the intersection before entering the intersection.

Nevertheless, the Defendant did not temporarily stop in a state where normal driving is difficult due to influence of drinking and did not neglect it, and did not enter the intersection as it is, the Defendant got out of the right side of the victim E(57) drive due to yellow on-and-off, etc. from the right side of the running direction to the right side of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the above E, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and the victim G (e.g., the Defendant was on the said E’s vehicle.