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(영문) 대전지방법원 천안지원 2017.09.14 2017고단1580
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On December 26, 2013, the defendant was sentenced to eight months of imprisonment with prison labor due to a violation of road traffic laws at the branch office of the Suwon-gu branch office of the Suwon-gu branch office of the Suwon-gu branch office of the Suwon-gu branch office of the Suwon-gu branch office of the Suwon-gu branch office of the Daejeon-gu branch office of the Suwon-gu branch office of the Daejeon-gu branch office of the Daejeon-gu branch office of the Seoul-gu branch office on February 14, 2014 and the above judgment became final and conclusive on July 14, 2017.

[Criminal facts]

1. The Defendant committed on April 28, 2017 is a person engaging in driving a vehicle BM5 vehicle.

A. The Defendant, as seen above, driven the said vehicle under the influence of alcohol concentration of about 2 km from a 2km section to a D gas station in Asia-si, where it is impossible to find out the name located in Asan City Credit Fri-si, around 06:40 on April 28, 2017, even though he/she had violated Article 44(1) of the Road Traffic Act more than twice. In addition, the Defendant driven the said vehicle under the influence of alcohol concentration of about 0.123% in blood alcohol level from the 2km section to the front road of the D gas station in Asia-si.

B. On April 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act: (a) driven the said vehicle under the influence of alcohol as stated in paragraph (1) around 06:40 on April 28, 2017; and (b) driven the said vehicle along the three-lane way in front of the D gas station located in Asan City C, along the two-lanes of the said road from the distance of the actual rooftop to the intersection of Asan City.

At this point, there is an intersection where signal lights are installed, and there is a center line of yellow solid lines. In such a case, there was a duty of care to prevent accidents in advance by checking the front and right and the right and the right of the driver and complying with the central line.

Nevertheless, the defendant is under the influence of alcohol while proceeding as it is without being negligent, and the defendant is under the influence of the central line due to the negligence of the defendant, thereby resulting in the Franz of the victim E (73 ) who stops in order to wait for signal in opposite directions of the defendant's proceeding.

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