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(영문) 대전지방법원 홍성지원 2017.05.30 2017고단197
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 24, 2017, the Defendant was sentenced to a suspended sentence of one year on June, 2017 and the judgment became final and conclusive on February 1, 2017, by committing a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Hongsung Branch of the Daejeon District Court.

[Criminal facts]

1. On December 22, 2016, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately KRW 0.178% alcohol concentration in blood at a section of about 1km from the front of the restaurant at the village of the South Sea, which is located in the city of Boan-si on the day of the viewing of the city of Boan-si to the general public, and without obtaining a driver’s license for the motor vehicle under the influence of alcohol at approximately 0.178%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) Defendant 1 driving the said car on the said date and driving it on the said date with a speed of about 20 kilometers per hour, depending on the same Ambassador distance from the boundary of the intersection distance in the same intersection.

At the time, the time was getting off due to the so-called sunset, and the passage of the vehicle was high due to the time of leaving, so the driver of the vehicle had a duty of care to look at the front and right of the vehicle well, and to safely manipulate the steering direction and the brake system to prevent the accident in advance.

Nevertheless, the Defendant: (a) neglected to perform his duty at the front time without obtaining a driver’s license while under the influence of alcohol and neglected to perform his duty at the front time without obtaining a driver’s license; (b) discovered that the victim C (In the age of 44) driven by the Defendant, which was driven in the same direction as the Defendant, was late to stop due to other vehicles; (c) but (d) did not avoid this, and received the said part of the lower part of the vehicle that was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as light salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

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