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(영문) 광주지방법원 순천지원 2018.04.12 2017고단2084
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] On May 27, 2011, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic law at the Seoul Eastern District Court, and on June 7, 2017, issued a summary order of a fine of 1.5 million won or more for the same crime at the Gwangju District Court.

[Criminal facts]

1. On May 5, 2017, the Defendant violated the Road Traffic Act (dial driving) driving a D Karen car in the direction of traffic distance from the direction of south mountain distance, with the roads front of the C cafeteria located in the C cafeteria B in the state of under the influence of alcohol content 0.198% in blood around May 21, 2015.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving a DNA car as referred to in paragraph (1).

The Defendant driven the said car while under the influence of 0.196% alcohol level in blood at the date, time, and place under paragraph (1), and led to the driving of the said car along the two-lanes in the direction of the intersection distance from the southsan Sgym.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant, while being unable to drive in a normal condition due to alcohol, was negligent in driving the vehicle on the front side of the Defendant’s vehicle due to the negligence of driving the vehicle, thereby resulting in the Defendant’s injury of the Victim E (46 years old), following the left side of the Victim E (46 years old) XG car, by taking the part of the Defendant’s vehicle into the front part of the Defendant’s vehicle on the right side, and suffered approximately two weeks of the tensions and tensions.

Accordingly, the defendant is under normal influence of drinking.

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