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(영문) 대전지방법원 천안지원 2016.12.27 2016고단2069
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, at the Changwon District Court on June 16, 2008, has been in violation of Article 44 (1) of the Road Traffic Act by receiving a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on November 23, 2009, by receiving a fine of KRW 2 million as the above crime from the above court on at least two occasions.

1. The defendant is a person who is engaged in driving a B car with B Car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On September 25, 2016, at around 03:20, the Defendant driven the above vehicle while under the influence of alcohol 0.21% of alcohol level 0.21% and changed the course into one lane while driving the two-lane road prior to the D cafeteria in the Dong-gu Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as operating direction, etc., giving an advance notice of change of course, and keeping the traffic situation of the front left, etc. safely.

Nevertheless, the defendant neglected this and caused the damage to the right side of the Oral Ba driven by the victim E (V, 48 years old) due to the negligence of changing the course, and caused the damage to the victim above the ground floor by shocking the front part of the car driven by the defendant into the top part of the car driven by the defendant.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is impossible due to the influence of drinking, and caused the victim to suffer an injury, such as an open wound, which requires approximately two weeks of treatment.

2. The criminal suspect in violation of the Road Traffic Act is a person who has been in violation of Article 44(1) of the Road Traffic Act not less than twice as stated in the criminal records, and is under the influence of alcohol 0.21% of the blood alcohol concentration at the time and time specified in paragraph (1) of this Article, at approximately 30 meters from the 30-meter radius to the front road of the D cafeteria located in the name and aesthetic seat of the Dong-gu, Chungcheongnam-gu.

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