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(영문) 전주지방법원 정읍지원 2018.01.18 2017고단366
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was issued a summary order of KRW 1 million by a fine of KRW 1 million for a violation of road traffic law at the Jeonju District Court’s Eup branch, and on June 27, 2016, the same court issued a summary order of KRW 1 million for a violation of road traffic law.

1. The Defendant is a person who is engaged in driving C50cc Orala in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 12, 2017, the Defendant driven a road in front of the “E” located in the Northwest-gun, 09:10 on August 12, 2017, while under the influence of alcohol level of 0.150% during blood, and led the Defendant to proceed to the permanent market of the Eup/Myeon in the vicinity of the bus terminal.

Since there are many places where the passage of ordinary pedestrians is frequent on a road within the permanent market, in such a case, there was a duty of care to reduce the speed to those engaged in driving business and to safely drive the motor vehicle by checking it well.

Nevertheless, the defendant neglected to perform his duty of care in the front place in a situation where normal driving is difficult due to the above influence of drinking, and caused the victim B(33) who was faced with the victim F (16 months) in the front place of the same proceeding in the same direction.

As a result, the Defendant driven in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim B, such as the left-hand salt, etc. which requires a three-day medical treatment, and suffered from the victim F, the right-hand sprink, etc. which requires a two-day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) the Defendant driven a C50c ambane while under the influence of alcohol 0.150% in a section of approximately 130 meters from the front of the “H Schlage” to the front of the “E” in D, located in the northwest-gun G prior to the day specified in paragraph (1).

3. The defendant who has violated the Guarantee of Automobile Compensation Insurance Act shall not subscribe to mandatory insurance; and

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