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(영문) 전주지방법원 2018.01.16 2017고단1615
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On February 13, 2017, the Defendant received a summary order of KRW 3 million from the Jeonju District Court, and a summary order of KRW 3 million from May 1, 2017 due to a crime of violating the Road Traffic Act.

1. A 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 rocketing motor vehicle. Around July 14, 2017, the Defendant, while under the influence of alcohol at 0.180% during blood transfusion on July 14, 2017, he/she proceeded with a road of one lane in the direction of Samsung Annishland, Samsung-gu, Samsung-do in the direction of the Jinjin-gu, Seoul, under the influence of alcohol level of 0.180%.

At all times, vehicles were parked in both sides of the road and the road was narrow. In such a case, there was a duty of care to safely operate the steering company by accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and neglected to proceed to the left-hand side of the Defendant’s vehicle under the influence of alcohol, and received the part adjacent to the left-hand side of the Defendant’s vehicle, which was driven by the victim C (48 tax) who reported and stopped the Defendant’s vehicle in the opposite part.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as dump salt, tension, etc. which requires approximately two weeks medical treatment to the victim.

2. Although the Defendant had been punished for violating the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), the Defendant was under the influence of alcohol by 0.180% in the section of approximately 2km from the front day of any alcohol house located in the So-gu So-called So-called So-called So-young-gu movable property at the time and around the road located in the same 2km-ro from the front day of the Korean movable Community Service Center, which is located in the same 2km-ro.

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