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(영문) 전주지방법원 2019.06.21 2018고단2434

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a e-cub vehicle B.

On October 26, 2018, at around 23:40, the Defendant, while under the influence of alcohol on 0.11% of the blood alcohol concentration, was driving the said vehicle at a speed that is impossible to see three-lanes of the four-lanes from the 4-lanes of the recommendation intersection in the front city, by driving the vehicle, even though the walking condition is small, the snow condition is very big, and the state of coin and the state of coination is a certain red view.

At this point, there is an intersection with signal apparatus installed and there was a stop vehicle for the signal waiting, so in such a case, there was a duty of care to operate the brakes properly by properly operating the brakes while living well in the front.

Nevertheless, the Defendant, by negligence, neglected this while under the influence of alcohol, was driven by the victim E (the age of 24) who was in the atmosphere of the signal signal at the front of the day when he was driven by the victim E (the age of 24).

Ultimately, the Defendant driven the said E-cub vehicle in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim E to suffer salt, tensions, etc. of the cubines that require a two-day medical treatment, and the victim G (V, 24 years old) of the flusium, tensions, etc. of the other parts necessary for a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and accident site photograph;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' state statement, and the report on whether to drive any danger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing running under drinking of suspects;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44 of the Road Traffic Act concerning criminal facts.