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(영문) 대전지방법원 천안지원 2017.07.13 2017고단1091
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

[criminal history] On March 31, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) from the Daejeon District Court Branch on March 31, 2008. On December 5, 2011, the same court issued a summary order of KRW 2 million for the same crime.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle with a gallon as a driver of a vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 14, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.188% in blood, while driving the vehicle at a speed of about 60km per hour, according to one-lane from the direction of the wedding hall in front of the Mat-do, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. D, the Defendant driven the said vehicle at a speed of about 10km.

At the time of the defendant's operation, the Gbee cruise car of F(61) driving was stopped at the front of the direction of the F(61) driving, and in such a case, there was a duty of care to prevent the accident in advance by driving safely, such as reducing speed to a person engaged in driving a motor vehicle, driving a motor vehicle at the front of the direction of the vehicle, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was negligent in failing to properly operate the brakes under the influence of alcohol while neglecting the duty of her front time, and received the back portion of the F Driving Vehicle, which was standing in front of the Defendant’s running direction, as the front portion of the Defendant’s driving vehicle.

As a result, the Defendant sustained injury to the victim H, who was driving the said car in a state where normal driving is difficult due to influence of drinking, due to the need for approximately two weeks medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant was driving a gallon car at approximately 4 km section from the Nam-dong Agricultural Co., Ltd. to the place set out in paragraph 1, Nam-gu, Namdong-dong, Chungcheongnam-gu, Seoul, with a alcohol concentration of about 0.188% while under the influence of alcohol during blood.

Accordingly, the defendant is prohibited from driving alcohol.

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