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(영문) 의정부지방법원 2017.12.19 2017고단3429
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On January 22, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court, and on September 26, 2015, the Defendant completed the execution of the sentence at the Dong House in Seoul Eastern District Court.

On September 24, 2009, the Defendant was sentenced to a fine of KRW 1.7 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Jung-gu District Court on September 24, 2009, and a fine of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving) at the Seoul Northern District Court on June 18, 20

[Criminal facts]

1. On June 17, 2017, the Defendant: (a) driven a DNA breab while drunkly under the influence of alcohol content of about 2 km from the front of an inorganic restaurant, which is in a written transfer of both documents of Gyeonggi Pyeong-gun around 21:00 to the front of the Gyeonggi-si, Gyeonggi-do, and the front road; (b) the Defendant driven a DNA breab while under the influence of alcohol content of about 0.115%.

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

On June 17, 2017, the Defendant, while under the influence of alcohol around 21:00, driven the above obba, and got ahead of the vehicle while driving the oba in front of the C in the south of the Gyeonggi-do, from the boundary of the mountain basin where the roads in front of the C are set off to the riba of the Geumnam-do, and driving the vehicle in front.

Since there was a two-lane road from which the center line is installed, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely overtake the front and the front vehicle, such as taking the front and rear left and accurately operating the steering system and the brake system, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front place in a situation where normal driving is difficult under the influence of alcohol, and neglected to proceed beyond the center line as it is, and received the front part of the F. F. F. F. F. F. F. F. F. F. F. F. F., going into an opposite lane in the Madar.

Ultimately, the Defendant committed the above occupational negligence to the victim.

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