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(영문) 대전지방법원 2018.04.26 2017고단4567
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On August 19, 2017, the Defendant driven the said car under the influence of alcohol content of 0.180% while under the influence of normal driving in the state of alcohol at around 20:35 on August 19, 2017, and led to the driving of the said car at an irregular city of Sejong Special Self-Governing Province, the roads in front of the Sejong Youth Business Co., Ltd., located in 194-20, in the wing-gun of the head of Sejong Special Self-Governing Province, along the two-lanes of the two-lanes of the two-lanes of the two-lane of the Do.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the situation of the front and right-hand traffic and accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and neglected to perform his duty at the front time while driving, and received as the front part of the Defendant’s car, the lower part of the victim C(the 30-year-old driver) driving, which was under the influence of the signal at the front time of the traffic due to negligence in the course of duty.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment.

2. On September 5, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 5, 2008, and by issuing a summary order of KRW 4 million for the same crime from the Jungyang Branch Branch of the Jung-gu District Court on December 4, 2012.

On August 19, 2017, the Defendant is entitled to 0.180% alcohol concentration in blood from the construction site of the unclaimed apartment to the front road of the Sejong Industrial Complex, which is located in the same Si/Gun, from the construction site of the unclaimed apartment at the time of the special self-government of Sejong Special Self-Governing Province on August 20:35, 201 to the construction site of the same Si/Gun.

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