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(영문) 대구지방법원 2018.02.07 2017고단6342
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant is a person engaging in driving a vehicle B.

1. Around September 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), while driving a two-lane one-lane in the lower side of the two-lanes from the border bank in the condition that it is difficult to drive a road in front of the D gas station in Busan Metropolitan City, as it is under the influence of alcohol concentration of 0.138% in blood, while driving a road in front of the D gas station in the lower side of the river in a state that it is difficult to drive the road normally.

At the same time, the victim E(n, 32 years old) driving is driving on the same side as the Defendant’s driving vehicle. In such a case, a person engaged in driving a motor vehicle has a duty of care to inform the direction of the vehicle in advance and to change the lane safely by keeping the traffic situation before and after the driving.

Nevertheless, the Defendant neglected this and proceeded in a state where it is difficult to drive a vehicle normally due to drinking, such as a non-sliding and red coloring, and thereby, received the front portion of the driver's license in front of the left side of the driver's license from the victim's driving.

As a result, the Defendant suffered injury to the victim due to the above occupational and practical injury, which requires treatment for about five days.

2. On December 28, 201, the Defendant is a person who was sentenced to a fine of five million won for a violation of road traffic laws at the Daegu District Court of Daegu on December 28, 201, and on October 6, 2008, to a fine of two million won for a violation of road traffic laws at the Daegu District Court of Daegu on October 6, 2008.

On September 16, 2017, while under the influence of alcohol content 0.138% among blood transfusions, the Defendant driven B 5km car from the front road of the 11st century, which was located in the damages of the Jinsan-si in Busan-si, to the front road of the Sinsan-si.

Accordingly, the defendant is a person who has driven twice the alcohol.

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