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(영문) 전주지방법원 군산지원 2019.08.14 2018고단402
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 10, 2006, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on November 10, 2006, and on January 25, 2007, the defendant was sentenced to a suspended sentence of one year and six months for a violation of the Road Traffic Act (driving). On June 10, 2009, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. 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 automobiles;

On January 4, 2018, at around 20:15, the Defendant driven the said car under the influence of alcohol of 0.116%, and driven the said car at a speed of 40-50km per hour from the direction of the E elementary school to the F Educational Association at a speed of 40-50km.

At night, the place is where the center line of yellow-ray is installed, so there was a duty of care to safely drive motor vehicles in order to ensure that motor vehicles do not go beyond the center line by accurately operating the operation and steering wheel and steering wheel in good faith.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the said car in a state where it is difficult for the Defendant to drive the said car as soon as possible, and was placed on the back side of the victim G (the age of 67) located outside of the center line to the opposite direction of proceeding.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as an openness 3, 4, and 4, which requires the victim's treatment for about six weeks.

2. The defendant is a person who violates Article 44 (1) of the Road Traffic Act at least twice, such as the above criminal records, and is also subject to paragraph (1) of this Article.

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