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(영문) 대구지방법원 서부지원 2018.06.27 2017고단2876
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

1. The Defendant is a person engaging 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 October 27, 2017, the Defendant, while under the influence of alcohol level of 0.187% during blood transfusion around 20:45 on October 27, 2017, was unable to drive normally, but, on the other hand, the Defendant driven the said car and continued the road without distinguishing the two lanes from the other side of the “D” coffee shop in Daegu-gu achieved group C.

A person engaged in driving service is prohibited from driving a motor vehicle while under the influence of alcohol, and has a duty of care to avoid accidents and prevent accidents in advance by driving the motor vehicle, if there is a motor vehicle parked on the front side by accurately reporting the traffic situation in the front side and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected this and proceeded without due care in the situation of the former while under the influence of alcohol 0.187% in a state where normal driving is difficult due to the Defendant’s negligence, and the part prior to the driving of the victim E (the age of 27) who was stopped in the front of the vehicle of the Defendant’s vehicle of the victim E (the age of 27) who was parked in the front of the vehicle of the latter.

Accordingly, the Defendant suffered injury to the above victims E, such as brain salvine, which requires approximately two weeks of treatment, such as injury to the victim G (Woo 24 years of age), the victim H (26 years of age), and the victim I (21 years of age), respectively, due to the above occupational negligence, for approximately two weeks of treatment.

2. On October 25, 2006, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act (drinking on drinking), and on January 4, 2007, from the Daegu District Court Kimcheon Branch, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking on drinking), and on September 9, 2013.

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