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(영문) 의정부지방법원 2017.09.19 2017고단2441
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On January 25, 201, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act (drinking driving) at the original state support of the Chuncheon District Court on January 25, 201, and on November 23, 201, for a violation of the Road Traffic Act (drinking driving), a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on November 23, 201.

On April 29, 2017, at around 04:00, the Defendant driven a rocketing car in a state of approximately 0.158% alcohol concentration in blood at a section of approximately 3 km from the street, before the entrance of the Mari-ridong, Nam-gu, Namyang-si, Namyang-si, Seoul, to the front day of the same city.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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

On April 29, 2017, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to influence of drinking, as set forth in paragraph (1) of around 04:00, and sent it to the right-hand direction at the right-hand side of the two-lanes of Part C C at the southyang-si.

A person engaged in driving service has a duty of care to accurately operate and safely proceed with steering gear and brakes.

Nevertheless, the Defendant neglected this and went through a brake system due to the negligence of driving under the influence of alcohol, and even if the preceding vehicle was not driven, the victim E (MM30 years old) who was stopped prior to the driving of the FM3 car, followed the FM3 vehicle under the influence of the Defendant, and led the part of the driver to the front part of the above vehicle of the Defendant.

Ultimately, the Defendant, in the above occupational process and room, sustained injuries to the victim E, such as base salt, etc., requiring approximately two weeks of medical treatment, and base brush and tensions that require approximately two weeks of medical treatment to the victim G (V, 29 years of age) who is the passenger of the victimized vehicle.

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