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(영문) 광주지방법원 순천지원 2017.11.10 2017고단1872
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. A crime committed on January 9, 2017;

A. On September 22, 2009, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license), respectively, received a summary order of KRW 2 million from the Gwangju District Court’s 200,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) and a fine of KRW 1.5 million from the same court on February 9, 2012 as the same crime.

On January 9, 2017, the Defendant driven a DM5 vehicle under the influence of alcohol content of about 0.145% while under the influence of alcohol without a driver’s license, from a section of about 1km from the front of the frequency of the police station in the front of the Seocho-gu, Sinsan-si, Sinsan-si, to the front of the C gas station located in B.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

B. Around 05:20 on January 9, 2017, the Defendant driven a DSS5-car as a duty of around 05:20, and driven a two-lane road in front of the C gas station in C in the case of a leisure time, using two-lanes from the right intersection to the right apartment at the right intersection.

At the same time, the driver of the motor vehicle has a duty of care to ensure the safety distance that can be avoided when the motor vehicle stops at night, and the driver of the motor vehicle has a duty of care to ensure the safety distance that can be avoided when the motor vehicle stops at night.

Nevertheless, the Defendant, while under the influence of alcohol and neglected it, found it late to stop the said victim's driver's vehicle into the signal signal atmosphere, and took a sudden operation measure, but did not avoid it, and the Defendant received a part of the passenger vehicle front part of the victim's passenger vehicle, thereby resulting in the victim's fluoral and fluoral fluor, requiring approximately one week medical treatment.

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