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전주지방법원 남원지원 2017.01.10 2016고단231
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 30, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on October 30, 2015, and issued a summary order of KRW 5 million for the same crime in the same court on January 28, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving a cargo vehicle with a ton of D1 ton.

On September 16, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on September 18:25, 2016, driven the above cargo while under the influence of alcohol of 0.204% during blood, and proceeded along the two-lane road in front of the F. E in South Won-si, along the direction of the port through which the crew is driving.

On the other hand, there was an intersection where signal lights are installed at the front door, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving of the motor vehicle and to prevent the accident in advance by looking at the other vehicles' attitudes in the signal lights and the front door.

Nevertheless, the Defendant: (a) found the Hastyna taxi, which was driven by the victim G (hereinafter referred to as 41) due to negligence before he was negligent in failing to perform his duty at the front time due to influence of drinking, such as a remote distance; (b) found the Hastyna taxi which was driven by the victim G (hereinafter referred to as 41) due to negligence while neglecting his duty at the front time due to the influence of drinking; (c) did not avoid it; and (d) did not take a sudden action; and (d) took the back part of the said taxi as the front part of the said taxi; and (e) took the front part of the said taxi, which was pushed by the victim I (35 Do) who was parked in the front of the said taxi, and led the victim I (35 Do) who was driven by the said taxi.

Ultimately, the Defendant, due to the above occupational negligence, inflicted an injury on the victim G, such as light salt, which requires approximately two weeks of treatment on the part of the above victim G, and injury on the part of the victim K, who is the passenger of the above taxi, for about two weeks of treatment on the part of the victim K (the 17-year old-age-old passenger).