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(영문) 대전지방법원 천안지원 2019.05.17 2019고단265
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a vehicle B high-speed.

On December 1, 2018, at around 06:40, the Defendant driven the said vehicle without obtaining a driving license with a blood alcohol concentration of 0.167%, and led the said vehicle to proceed from the side of the D market to the south-gu Seoul Metropolitan City.

On the other hand, the driver of the vehicle has a duty of care to accurately operate the operation and steering system and to drive it at a safe speed and in a safe way by checking well the front left, as the driver of the vehicle has a fiff drive vehicle for the victim E(65 years old) driving.

Nevertheless, the defendant neglected this and proceeded with the back part of the cargo loaded in the above Poter while it is difficult to drive the vehicle normally due to influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On November 26, 2010, the Defendant issued a summary order of KRW 1 million for a fine of KRW 4 million for the same offense in the same court in the same court on October 23, 2012, and KRW 7 million for the same offense in the same court on May 18, 2015.

On December 1, 2018, the Defendant used two or more times of violation of Article 44(1) of the Road Traffic Act, but without obtaining a driver’s license in the state of drunk alcohol concentration of 0.167% at around 06:40 on December 1, 2018, the Defendant driven a B-in car from the front side of the Hju store located in Seoan-gu G in Seoan-gu, Seoan City to the front side of the Dongan-gu, Seoan-gu, Seoan City.

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