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(영문) 전주지방법원 2017.08.22 2017고단951
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On August 1, 2013 and December 20, 207, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a violation of Road Traffic Act (drinking), etc.

1. The Defendant is a person who is engaged in driving of a cargo vehicle B1 ton in a manner that is in breach of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving).

On February 1, 2017, the Defendant driven the above cargo while normal driving is difficult due to the influence of alcohol level 0.121% of the blood alcohol level from around 19:00, the Defendant continued to drive the said cargo at the scambly from the west-gu Seoul Special Metropolitan City to the scambly off from the west-gu west-gu west-gu, Jeonjin-gu.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant, under the influence of alcohol, caused the injury of the victim E and his passenger by occupational negligence, i.e., the victim C ( South, the 30-year-old driver), waiting for the signal at the front by failing to fulfill the above duty of care, resulting in the victim C (the 30-year-old driver) driver’s car above the above cargo lane, and then, this Do passenger was suffering from the injury of the victim E (the South, the 31-year-old driver’s car) who was waiting for the signal at the front of that Do by receiving the driver’s last car of the victim E (the 31-year-old driver’s car) who was waiting for the signal at the front of that 2-day-day-day driver’s license, and the victim E and his passenger (the 33-year-old driver), respectively, caused the victim E and G (the male and the 33-year-old driver’s car by suffering from the injury of the 2-day driver

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) were driven by the Defendant without obtaining a driver’s license under the influence of alcohol level of 0.121% from the blood transfusion during the day referred to in paragraph (1) of this Article on the roads of approximately 500 meters from the front day of the jundong-gu Seoul Metropolitan City to the place referred to in paragraph (1).

b)a summary of the evidence;

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