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(영문) 대전지방법원 천안지원 2019.09.27 2019고단1042
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On October 16, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daejeon District Court on January 9, 2012, and was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) on January 9, 2012. On April 19, 2019, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) in the Incheon District Court Branch of the Daejeon District Court on April 19, 201, and the said judgment became final and conclusive on April 27, 2019.

【Criminal Facts】

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 B K5

On March 30, 2019, the Defendant driven the said car while under the influence of alcohol of 0.150% of blood alcohol concentration around 07:40 on March 30, 2019, while driving the said car, and driving the front road of Western-gu, Seoan-gu, Seocheon-gu, in the direction of the printing windows distance, at an influence distance.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and left side well, and accurately operating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected and waiting for the signal at the same lane as that of the victim D(38 years of age) driving, was shocked with the front part of the passenger car of the Defendant.

Ultimately, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. Although the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) on at least two occasions, he/she again violates the prohibition provisions on driving under the influence of alcohol at least two times, and thereby, he/she shall front the road in front of the F in Seo-gu, Western-gu, Western-si around March 30, 2019.

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