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(영문) 대전지방법원 천안지원 2017.10.13 2017고단1802
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

[criminal history] On May 19, 2014, the Defendant received a summary order of KRW 7 million for a violation of road traffic law (drinking) from the Daejeon District Court’s branch on May 19, 2014; and on October 21, 2016, the same court issued a summary order of KRW 7 million for a violation of road traffic law (drinking).

[Criminal facts] The Defendant is a person engaging in driving a Brane car.

1. Although the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, the Defendant driven the said car under the influence of alcohol concentration of 0.167% during blood transfusion, without obtaining a driver’s license in a section of about 500 meters from the 1486-4 meters to the front road of the 624-4 meters away from the 1486 YY-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 2017, even though the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. On March 21, 2017, the Defendant driving the said vehicle under the influence of alcohol, as described in paragraph 1, around 04:58, along with the “Aggravated Punishment, etc. of Specific Crimes Act” (the injury resulting from dangerous driving) and driving the said vehicle on March 21, 2017, along the two-lanes of the road from the boundary of the statistical office to the 6-lane of the road.

At the time, there is an intersection where a signal is installed at night and there is an intersection, so in such a case, there was a duty of care to observe the signal and prevent the accident in advance by checking well.

Nevertheless, under the influence of alcohol, the Defendant is a victim E (48 years old) who had been driven by the Defendant in accordance with green signals at the right side of the direction of the Defendant’s course by negligence in red-fluence and has been driving in accordance with green signals (40 years old). The left side part of the D. D. 4.5 tons truck truck truck truck truck truck truck truck truck truck truck truck truck drivered in front of the said vehicle, and followed by the Defendant’s driving direction.

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