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(영문) 광주지방법원 목포지원 2018.06.22 2017고단1488
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On September 28, 2010, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on September 28, 2010. On December 15, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (drinking driving) by the same court.

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

On November 5, 2017, the Defendant driven a car with alcohol level of 0.206% from the blood transfusion around 18:30 on November 5, 2017, and proceeded from D apartment to E-building on the road front of Bapopopo City C Studio.

At the time, at night and where the center line is installed, the intersection was a three-distance intersection connected to the side road. In such a case, a person engaged in driving of a motor vehicle has a duty of care to see the front side and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to drive under the influence of alcohol while normal driving is difficult due to the influence of alcohol, and caused the Defendant’s negligence by neglecting the central line to commit a crime at the opposite lane, and received the victim’s G driving senior driver in front of the passenger car operation, which was driven by the Defendant.

Ultimately, the Defendant caused the victim F by occupational negligence to inflict injury on the victim F, such as salt, tensions, etc. of the culp that requires approximately two weeks of medical treatment, and the victim H, who is the victim F, suffered injury, such as salt, tension, etc. of the culp that requires approximately two weeks of medical treatment.

2. The Defendant is driving a motor vehicle under the influence of alcohol level of 0.206% from the distance near the J Hospital located I at the time of a day specified in paragraph (1) to the place where an accident specified in paragraph (1) 1 occurs.

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