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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2285
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of 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, at the 24 May 2010 Support of the Gwangju District Court, received a summary order of a fine of KRW 3 million on the grounds of a violation of road traffic law in the Gwangju District Court's net order of May 24, 2010 as well as three times the same electricity.

[Criminal facts]

1. On October 1, 2016, the Defendant driven a motor vehicle under the influence of alcohol content of about 0.192% in alcohol while under the influence of alcohol at around 02:20, the Defendant driven a motor vehicle without obtaining a driver’s license for a motor vehicle under the influence of alcohol level of about 10 meters.

As a result, the Defendant, even though he violated the prohibition on drinking at least twice, was driving a motor vehicle again while under the influence of alcohol and at the same time driving a motor vehicle without obtaining a driver's license.

2. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D driving of danger) was a person engaging in driving of the franchise-low-income vehicle as described in the preceding paragraph, with the date and time as described in the preceding paragraph, and the side roads of the place indicated in the preceding paragraph, turned back

In this case, the driver of the vehicle has a duty of care to safely drive a motor vehicle parked around entertainment and with frequent traffic of motor vehicles. In such a case, the driver of the motor vehicle had a duty of care to safely drive the wheel, rear, and left and right of the front, rear, and the left and right of the motor vehicle.

Nevertheless, under the influence of alcohol concentration of 0.192% in blood, the Defendant neglected to drive in such a state that it is difficult for the Defendant to drive under normal conditions as 0.192%, and did not check the back, and the Defendant left the back without checking the back. The Defendant’s pent part of the Glater portion of the Flater’s Glater’s car stopped on the right side of the Defendant’s driving.

Ultimately, the Defendant’s negligence in the above occupational negligence caused the victim H (V, 48 years old) and the victim who was seated after the car of the FF driving.

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