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(영문) 전주지방법원 2016.11.15 2016고단1067

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a B car.

피고인은 2016. 7. 10. 04:13경 혈중알코올농도 0.183%의 술에 취한 상태로 위 승용차를 운전하여 김제시 콩쥐팥쥐로 80에 있는 검산오거리 앞 편도 2차로의 도로를 김제시 쪽에서 전주시 쪽으로 1차로를 따라 불상의 속력으로 진행하였다.

At the same time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so there was a duty of care to safely drive the vehicle after checking the front side and the right and the right and the right of the person engaged in the vehicle driving and checking other vehicles waiting for the signal, and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant did not negligent in performing so and did not discover DNA strawing car driven by the victim C (the 42-year old-old) who was in the atmosphere of the signal at the mast to the front of the said car and caused the victim and the victim E (the 43-year-old) who was on board the said car by taking part behind the said string part of the said string-out car, and took part of the said string-out car, and took part in the said string-out car, and took part in the said string-day medical treatment for approximately two weeks.

Accordingly, the defendant, under the influence of alcohol, was unable to drive normally and caused the injury of the victims by driving the car with the above car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A traffic accident report;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and report on whether to drive any dangerous motor vehicle;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime committed.