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(영문) 전주지방법원 군산지원 2017.05.17 2016고단1332
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

The Defendant, on January 6, 2010, was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic law at the Jeonju District Court on January 6, 2010, and 2.5 million for a fine of KRW 2.5 million on March 25, 2010 for the same crime in the Gunsan Branch of the Jeonju District Court on March 25, 2010.

[Criminal facts]

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

On December 2, 2016, the Defendant driven the said car while under the influence of alcohol content of 0.120% in the blood on the front of the E on the road located in the Donsan-si, Donsan-do, 09:00 on December 2, 2016, and proceeded bypassing it to the far distance in the same movement.

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

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle while neglecting to drive the vehicle in a state of difficulty, such as blooding of face, snowing, stringing, and routing off, and due to the negligence of driving the vehicle in front of the Defendant’s vehicle, and received the rear part of the G rocketing taxi that was under way in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven the said C rocketing car under the influence of alcohol content of approximately 0.120% in a section of about 0.1km from the remote studio studio in the city of Gun, Do, Chungcheongnam-do to the e-way located in D at the same time from the 16th day to the e-way located in the same city of Do.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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