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(영문) 대전지방법원 천안지원 2017.09.08 2017고단1131
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 14, 2010, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law at the Seocheon Branch of the Daejeon District Court, and a fine of KRW 1 million for the same crime at the above court on September 7, 2009, respectively.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a cuss car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 29, 2017, the Defendant driven the above vehicle while under the influence of 0.216% alcohol during blood transfusions on April 20, 2017, and led the Defendant to drive the vehicle at the direction of Yancheon-si from the Yancheon-si, Nam-gu, Seoul Metropolitan City along the two-lanes of the entrance of the luminous apartment in the Yancheon-gu, Naman-gu.

At that time, the signal was installed at the intersection, and at the front direction of the defendant's proceeding, the victim C(39 years old) driver's DK5 passenger cars temporarily stop in the signal atmosphere, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front city of the driver’s car and received the back part of the passenger’s vehicle to the left-hand side of the passenger’s car.

In the end, the Defendant suffered from the rash cin salt, etc. in need of a two-day medical treatment for the said K5 vehicle under the influence of drinking, and the victim E (26 years) and the victim F (30 years) respectively, for about two-day medical treatment.

2. The Defendant who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) is punished for drinking two or more times as above, and again, the Defendant is a three-dimensional apartment from the front day of a restaurant in which the trade name in the Southern-gu, Chungcheongnam-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-do, is unknown at around 20:10 on April 29, 2017.

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