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(영문) 청주지방법원 충주지원 2017.11.03 2017고단719
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 7, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court on the part of May 7, 2013, and a summary order of KRW 2 million for the same crime in the same court on March 30, 2015.

[Criminal facts]

1. On August 18, 2017, the Defendant was driving a DNA car under the influence of alcohol content of about 0.124% in the section 30 kilometers from the blood alcohol level to the point 296 kilometers in the middle-speed Samsung-gun, Samsung-si, Leecheon-si (hereinafter referred to as the "Sacheon-si") around 20:00, while driving a DNA car under the influence of alcohol level of about 0.124% in the blood alcohol level.

2. On August 18, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) proceeded at a speed of approximately 100 kilometers per hour, depending on one-lane between the two-lanes where the direction of the passage on an expressway is 296 kilometers in Samsung-gun, Chungcheongnam-gun, Samsung.

At night, the above place was an expressway with frequent traffic of other vehicles, and thus, the person operating a motor vehicle at such a place was obliged to properly operate the steering gear and brakes, to watch the front and rear left well, and to drive the motor vehicle with due care to prevent traffic accidents.

Nevertheless, the Defendant neglected such duty of care and was able to snife under the influence of alcohol as described in paragraph 1, and f X-ray car driven in the same direction as the Defendant was driven by negligence in the course of duty by the Defendant at the frontline of the vehicle while driving under normal conditions, such as f X-ray car, which is driven in the same direction as the Defendant.

Ultimately, the Defendant, by such occupational negligence, needs to provide approximately three weeks’ medical treatment to the victim G (V, 52 years of age) who was on board the above X-ray car, with the injury of salt, tensions, etc., which requires approximately three weeks’ medical treatment.

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