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(영문) 전주지방법원 2017.11.14 2017고단1525
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

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

On July 19, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.218% among blood transfusions on July 19, 2017, while driving the said vehicle at the influence of alcohol level of 0.218%, and led the two-lanes in front of the narrow medicinal waterter located in the direction of 5393 in front of the front city.

In such cases, all drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, from driving a motor vehicle without a driver's license, and have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as keeping the traffic situation of the front side well and accurately operating the steering and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the course of performing duties while neglecting the duty of ex officio, and was driven by the victim D(44 ) who was stopped for signal waiting in the front direction of the horse in the same direction. The lower part of the EMW car driven by the Defendant was the front part of the said vehicle.

As a result, the Defendant was negligent in driving a vehicle without a driver's license in the course of business without a driver's license while it is difficult to drive the vehicle normally due to influence of drinking, resulting in an injury to the victim, who is in need of approximately four weeks of medical treatment.

2. On November 14, 2007, the Defendant issued a summary order of KRW 2 million on August 16, 201, to a fine of KRW 4 million for the same offense, etc. at the Jeonju District Court on November 14, 2007.

Nevertheless, at the same time as paragraph 1, the defendant is about 2 km from the front side of the Southern-dong Seoul Metropolitan City to the place referred to in paragraph 1.

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