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(영문) 대전지방법원 천안지원 2019.05.01 2019고단79
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

The defendant of the Daejeon District Court on July 22, 2008 is a person who has received a summary order of KRW 5 million from the Daejeon District Court on January 18, 2018 to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on January 18, 2018 and is more than once the same kind of power.

"2019 Highest 79"

1. The defendant is a person engaged in driving a unregistered motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 3, 2018, the Defendant, without a motorcycle driver's license on December 20:51, 2018, driven the above motorcycle while under the influence of 0.177% of blood alcohol concentration, and proceeded back the side road B before Asan City with the side road from Cside to the zero-human outflow.

At all times, the first round line housing without a median line is a place where pedestrians and vehicles are frequent along the backway, so in such a case, there was a duty of care to maintain a clear mind for the driver of the vehicle, thoroughly see the transition line in the course, and to prevent the accident by operating the vehicle accurately and safely by operating the steering direction and brake system of the vehicle.

Under the influence of alcohol, the Defendant was negligent in driving a motor vehicle, and the Defendant was negligent in driving the motor vehicle on the front part of the motor vehicle for driving, and the part of the victim D, who was walking on the left side of the right side of the motor vehicle in the direction of the Defendant’s proceeding, suffered injury, such as salt dump, which requires approximately two weeks of treatment.

Accordingly, the defendant was injured by driving the above unregistered motor bicycle in a state where normal driving is difficult due to the influence of drinking.

2. The Defendant is punished for the violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) not less than twice as above.

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