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(영문) 대전지방법원 천안지원 2017.01.12 2016고단1881
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

[criminal record] On July 16, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law (driving alcohol) with red support from the Daejeon District Court on July 16, 2007. On June 26, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of one million won for the same crime from the Daejeon District Court's Incheon District Court's Branch Branch on June 26, 2015.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle XD from C New-Wood XD, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 21, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol content of 0.170% among blood transfusions on August 21, 2016, and proceeded with the road in front of the room room of the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seocheon-gu, Incheon.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance due to the safe driving of the motor vehicle while keeping safety distance with the motor vehicle ahead.

Nevertheless, the Defendant was negligent and negligent in not operating the brakes properly while driving a victim D (59 years old) who was stopped for the discharge of passengers before the Defendant.

E The back part of the bus vehicle was received as the front part of the vehicle of the Defendant’s driving of the said new bus with the front part of the vehicle of the Defendant’s driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc., by driving the car for about two weeks.

2. Violation of traffic Acts on roads;

A. On August 21, 2016, despite the fact that the Defendant had committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions, the Defendant is under the influence of alcohol on August 21, 2016 at least 0.170% of alcohol during blood transfusion at around 0.21:05, the Defendant is softend from the front of the Hansung apartment at the Seo-gu, Yandong-gu to the road in front of the same Seongdong-gu, Sungdong-gu, Sungdong-gu, Seoul.

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