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(영문) 전주지방법원 2017.10.10 2017고단1396

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

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

On June 18, 2017, the Defendant, while under the influence of alcohol concentration of 0.162% in blood at around 13:35, the Defendant was unable to drive normally due to the influence of alcohol leveling 0.162% in light of the foregoing, the Defendant driven the said car and driven the two-lane ahead of the monthly distance, which is located in the front line at the gold-gu gold-gu, Kim Jong-si, along the front side of the water basin from the gold-gu.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the defendant did not fulfill his duty of care due to the influence of alcohol as above, and caused the victim's injury, such as dynasium and tension, which require approximately two weeks of treatment due to the shock of the victim D (W, 45 years old) driving e-facing car in the opposite facul on the opposite facing road.

2. The Defendant, while under the influence of alcohol level of 0.162% from the blood alcohol level during the day-to-day alcohol level under paragraph (1), driven a CKan-Pon car on the road within approximately 30 km from the front side of the Socuk Village located on the high side of the regular Eup to the place referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Investigation report (report on the situation of the driver in charge);

1. Investigation report (related to the conversion into the above dmark);

1. The actual investigation report on traffic accidents;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.