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(영문) 전주지방법원 군산지원 2018.09.12 2018고단680

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Driving of Risk) is a person engaging in driving a car with B windowatom.

On May 30, 2018, the Defendant driven the said car under the influence of 0.193% alcohol during blood alcohol during the influence of around 20:45 on May 30, 2018, and continued the said car to proceed to the front side of the Busan Agricultural Cooperative, which is located in 366 at the flood of the Ysan-si, in the direction of the patrol box at the new village.

At the time, it was difficult to set up at night, and there is a center line of yellow solid lines. In such a case, the driver had a duty of care to prevent traffic accidents in advance by driving a person engaged in driving a vehicle under the influence of alcohol, by observing the vehicle, by keeping the front and right, and accurately manipulating the brake system.

Nevertheless, the Defendant neglected to do so and neglected to 0.193% of alcohol level during blood, and 0.193% of the alcohol level, she saw her walking condition, and her walked a little shaking, and her walking condition was difficult to drive normally due to influence of drinking, such as her snow owing to the influence of drinking, and caused no injury to the victim C (W, 48 years old), the left-hand side of the Defendant-hand side of the victim C, the victim E (5 years old), the victim G (5 years old), the victim H (56 years old), the victim H, the victim H (19 years old), and the victim H (19 years old) with no open medical treatment for about three weeks.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant from the front side of the Busan cafeteria at the Ysan-si at the time of the day specified in paragraph (1) to the road of the accident site specified in paragraph (1) at approximately 100 meters, with the alcohol concentration of about 0.193% in blood.

Summary of Evidence

1. The defendant's person;