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(영문) 광주지방법원 순천지원 2017.09.14 2017고단1229
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 22, 2007, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on the part of October 22, 2007, and on November 22, 2007, the Defendant was sentenced to imprisonment of eight months and two years of suspension of execution for a violation of the Road Traffic Act at the Busan District Court.

On May 9, 2017, the Defendant, while under the influence of alcohol 0.205% among the blood transfusions around 20:33, driven C Poter vehicle from the front side of the iron consortium in the opticalyang-Eup in the opticalyang-si, to the front side of the university school of the same Eup, as long as the Defendant was in the same Eup cpoter with the alcohol content 0.205% under the influence of alcohol.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) led the Defendant to drive the cargo vehicles referred to in paragraph (1) while under the influence of alcohol for 0.205% of alcohol level immediately before the Plaintiff’s school teachers in the form of his/her blood, while driving the cargo vehicles referred to in paragraph (1) in the form of alcohol for 0.205% of alcohol level in the form of his/her blood, at a speed from the direction of his/her sublet to the direction of his/her sublet.

At the time, there was night and non-working, and in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the brake system if pedestrians appear as a driver of a motor vehicle reduces speed and well sees the front door.

Nevertheless, under the influence of alcohol, the Defendant received the victim D, who walked on the right side of the road due to the negligence of driving while being unable to drive under normal conditions while driving, from the front part of the cargo vehicle, and suffered approximately 12 weeks treatment to the victim due to the shock, etc.

Accordingly, the defendant is under a difficult condition to drive normally due to influence of drinking.

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