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(영문) 전주지방법원 2017.10.10 2017고단1342
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On June 3, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Jeonju District Court for the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and completed the execution of the sentence on November 15, 2015.

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

On June 12, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.261% during blood transfusion at around 01:02, and continued to drive the said vehicle under the influence of alcohol level of 0.261%, leading the roads of the two-lanes in the vicinity of the shooting distance of the previous arms and fire box, which are located in 831 in Jeon-jin-gu, Seoul.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and left side and right side well, and accurately operating the steering wheel and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of duty, and was driven by the victim C (45 years old) who was stopped in order to wait for the signal at the front of the same direction, in front of the above vehicle.

Ultimately, the Defendant suffered, by negligence in the course of business, from driving the said vehicle in a situation where normal driving is difficult due to influence of alcohol, an injury such as climatic salt and tension that requires a two-day medical treatment to the said victim, and an injury to the victim E (35 years old) who was accompanied by the Defendant’s vehicle driving the vehicle for about three weeks.

2. On the same date and time as paragraph 1, the Defendant violated the Road Traffic Act (driving of alcohol) is under the influence of alcohol by 0.261% in the range of about 3km from the Defendant’s house located in the Seoul Special Self-Governing Province F to the place referred to in paragraph 1.

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