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(영문) 대구지방법원 김천지원 2018.10.02 2018고단849
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

[criminal history] On November 17, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court. On December 14, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the Daegu District Court Kimcheon support, and the judgment became final and conclusive on the 22th day of the same month.

[Criminal facts]

1. The Defendant is a person who is engaged in driving Category C rocketing cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

At around 03:50 on December 16, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.16% on the front side of Samsung C&T, which is located in the 5-ro of Busan C&T, and driven the said car at a speed that cannot be seen as the yellow-distance outflow from the surface of the artificial intersection, when he was under the influence of alcohol level of 0.16%.

At this time, the defendant had a duty of care to prevent accidents by properly operating the brake system in a state where safety distance is secured by properly checking the situation, because the EM5 passenger vehicles driven by the victim D (33 ) is waiting to turn left at the front of the defendant, and thus, the driver of the vehicle has a duty of care to prevent accidents by operating the brake in a safe manner.

Nevertheless, Defendant 1 was under the influence of alcohol to the extent that the snow, the walk of the pedestrian, and the walk of the pedestrian, so as to be inaccurate, and thereby, Defendant 1 was under the front part of the said SM5 vehicle due to the negligence of driving the string.

Ultimately, the Defendant, as seen above, driven the said rocketing car in a situation where normal driving is difficult due to influence of drinking, and caused the said victim to suffer injury, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. On December 16, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (doning without a license), approximately 3 km from the front of the new-style vehicle in the old-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, to the front road of Samsung C& 5, Sinsi-si, Sinsi-si.

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