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(영문) 대전지방법원 천안지원 2018.04.20 2018고단30
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 28, 2017, around 04:50 on December 28, 2017, the Defendant driven the said car by driving the said car in the vicinity of a neighboring convalescent hospital, which was driven by the non-cocowon Co., Ltd. in front of the two-lane 71, Nam-gu, Nam-gu, Nam-gu, Seoul.

At the time, there is a new wall time and a central line installed. In such a case, the driver of the vehicle has a duty of care to safely drive the steering gear and brakes by accurately manipulating the steering gear and brakes with a clear mind.

However, the Defendant neglected this and went through the center line while under the influence of 0.187% alcohol concentration in blood, and due to the negligence of driving the center line in the influence of alcohol while driving on the line of the above road, the Defendant was unable to avoid the collision of the Victim C (Y, 58 years old) driving with the taxi in the vicinity of the neighboring convalescent hospital, and received the front part of the said passenger vehicle with the front part of the said vehicle.

As such, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as dump, tensions, etc. of the trend requiring approximately two weeks medical treatment.

2. On April 22, 2009, the Defendant received a summary order of KRW 6 million due to a violation of road traffic law in the support of the Daejeon District Court in the Daejeon District Court on April 2, 2009. On November 8, 2013, the Defendant was sentenced to a summary order of KRW 4 million due to the same crime and was sentenced to a fine of KRW 4 million due to the same crime on November 8, 2013.

The Defendant, at around 04:50 on December 28, 2017, is under the influence of alcohol by 0.187% from the 2km section of approximately 2km to the 71st road in Nam-gu, Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Seoul Metropolitan City.

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