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(영문) 수원지방법원 성남지원 2017.07.06 2017고단453
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

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on January 28, 2009 by receiving a summary order of a fine of KRW 2 million as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (influence of risk driving) from the Suwon District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on April 18, 2016, by receiving a summary order of KRW 2 million as a crime of violating the Road Traffic Act (influence of alcohol) from the Sungnam branch support on April 18,

[Criminal facts]

1. The Defendant is also a person engaging in driving a car C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.123% among blood transfusions, and continued to drive the said car along the intersection of the shooting distance in front of the D pharmacy located in Gwangju-si, Gwangju-si, along the two-lanes from the “Otan Hospital” side of the Ddong located in Gwangju-si.

At the time, there is an intersection where a yellow on-and-off signal is installed at night and at the front, so there was a duty of care to prevent accidents in advance by driving safely by reducing speed and checking well the front.

Nevertheless, the Defendant neglected to perform sobriage while driving so that the victim E (the 55-year old-old taxi) who was driving on the left-hand side of the e-owned taxi, followed by the left-hand part of the Frando-owned taxi, and caused the above damaged taxi to lose its center, lost its center, was pushed down on the left-hand side, caused the above damaged taxi to interfere with the crosswalk signal, and continuously interfered with the report.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as brain, without an open room in the head that requires approximately three weeks medical treatment.

2. The accused who violates the Traffic Act on Roads shall do so at the time specified in paragraph (1).

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