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(영문) 대전지방법원 논산지원 2017.02.08 2016고합43
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 4, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the support of the Daejeon District Court Seosan, and a summary order of KRW 1.5 million for the same crime in the same court on September 2, 2015, respectively.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a cubing vehicle in D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the spot) and the Road Traffic Act (or on the spot after an accident), and the Road Traffic Act (driving).

On October 16, 2016, the Defendant driven the said car under the influence of alcohol level of 0.142% from blood alcohol level around 17:15 on October 16, 2016, and made the F Mart front distance in E at the time of debate turn to the left-hand turn from the alfurburine gate.

Since the Defendant was in difficult condition to drive a motor vehicle normally due to the influence of drinking at the time, it should not drive the motor vehicle in such cases, and since it is an intersection where no signal, etc. is installed, the person engaged in driving service has a duty of care to check whether there are motor vehicles crossing by reducing speed or temporarily stopping, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to turn to the left as it was, due to negligence, led to the victim G (42) who was in a direct go to the alpurburging from the front left of the H Haststa car driven by the Defendant to the front part of the left-hand part of the vehicle driven by the Defendant, and led the said Hasta vehicle to the right-hand part of the victim I (43 ) who driven the vehicle parked on the road while getting out of the Hasta vehicle driving on the right-hand part of the Hasta vehicle.

Ultimately, the Defendant caused injury to the victim G, which requires approximately three weeks of medical treatment due to the above occupational negligence, to the victim K (35 taxes) who was accompanied by the victim G vehicles, and caused injury to the brain bed for about three weeks of medical treatment to the victim K (35 taxes), and caused injury to the victim I for about two weeks of medical treatment.

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