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(영문) 대전지방법원 홍성지원 2017.12.12 2017고단636
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B in high-speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 29, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.176% in the blood alcohol level on July 23:50, and came to turn to the left one way between the two-lanes from the longest distance to the Boan Fire Station.

At that time, there was a yellow flickering signal at the time, and the vehicle was in a direct way in the front. In such a case, there was a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle by maintaining the vehicle line, such as making a good report on the traffic situation in front and operating the steering system accurately.

Nevertheless, the defendant neglected to drive his vehicle while it is difficult for him to drive it normally due to influence of drinking, and there is a conflict between the left-hand side of the victim C(28 tax) driving and the left-hand side of the victim C(28 tax) driving.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of treatment to the victim E (23 years) who is the passenger of the victimized vehicle, and the injury to the victim F (30 years of age) who is the passenger of the victimized vehicle, for approximately two weeks of treatment.

2. On October 13, 2008, the Defendant was sentenced to a fine of two million won due to a violation of road traffic laws in the Daejeon District Court's red support for the violation of the Road Traffic Act. On May 11, 2009, the Defendant was sentenced to a fine of two million won due to the same crime in the same court on May 11, 2009. On April 7, 2014, the Defendant was sentenced to a fine of seven million won or more due to the same crime in the same court on April 7, 2014, and was in the same record of drinking twice or more. In other words, on July 23:50 on July 29, 2017.

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