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(영문) 전주지방법원 2018.07.03 2018고단66
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 21, 2012, the Defendant was sentenced to four years by the Jeonju District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused by danger), etc., and was released from a military prison on August 14, 2015 and completed the execution of the sentence on October 27, 2015.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of a freight vehicle C in sealed franchising, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 29, 2017, the Defendant driven the foregoing cargo vehicle at a speed of about 30 to 40km from the surface of the sand-resistant market to the surface of the sand-resistant market while under the influence of alcohol level of 0.118% in the blood of the blood at the front intersection, the electric bio-resources science of 20:20, Jinjin-gu, Seoul, Seoul, and the Defendant driven the said cargo vehicle at a speed of about 30 to 40km from the surface of the sand-resistant bank.

At the same time, the signal signal is an intersection installed and at night, so a person engaged in driving of a motor vehicle has a duty of care to properly manipulate the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

Nevertheless, the Defendant neglected this and failed to accurately operate the front-time and brakes in a state where normal driving is difficult due to influence of drinking, and due to the negligence that led to the Defendant’s failure to accurately operate the front-time and brakes at the time of the collision direction, the Defendant received the back panion of the Eststren motor vehicle driven by the victim D (44 cm) waiting in the front-round direction of the mastren.

As a result, the Defendant suffered from the injury of the victim D and the victim F (the 42 years old), who was the passenger of the said rocketing car, due to the above occupational negligence when it is difficult for the Defendant to drive the car normally.

2. The Defendant is under the influence of alcohol leveling 0.18% in a section of about 300 meters from the blood alcohol level to the place specified in paragraph (1) on the finite road located in the Dong-jin-gu Seoul Special Metropolitan City on the day or around the day specified in paragraph (1).

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