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(영문) 대구지방법원 김천지원 2018.03.15 2017고단1459
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

On April 16, 2009, the Defendant was sentenced to a summary order of 1.5 million won as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court. On November 20, 2013, the Defendant was sentenced to a suspended sentence of 8 months due to a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court. On May 19, 2016, the Defendant was sentenced to a suspended sentence of 10 months and was sentenced to a suspended sentence of 3 years.

1. On June 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) driven a motor vehicle with Chigh speed with a alcohol concentration of 0.263% at around 11:20, while under the influence of alcohol during blood, and led the front of the road E in Gu and U.S.D to the front of the road in Gu and U.S., along the two-lanes between the three-lanes.

In this case, the driver has a duty of care to ensure the safety distance and prevent the collision with the vehicle in front by accurately operating the steering and steering gear well, and to ensure the safety distance and to prevent the collision with the vehicle in front.

Nevertheless, the Defendant, as seen above, was negligent in driving under the influence of alcohol and continued as it is, while driving the vehicle in front of the Defendant’s vehicle, and the victim F (F, 73 years old), who was standing in front of the Defendant’s vehicle, was left behind the left side of the Glearning car driven by the Defendant’s vehicle, and then the Defendant was placed in front of the right part of the Defendant’s vehicle.

As a result, the Defendant suffered damages to the victim’s reputation of the head of an obscure head that requires approximately two weeks of treatment due to the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) even though he had a history of driving two or more times of drinking, the Defendant stated in paragraph 1, as above, approximately 1.5km from the front of the store for commercial and non-motor vehicle goods in front of the road in the Gu, Nowon-gu, Seoul Special Metropolitan City, to the front of the road in the Gu, Nowon-si.

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