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전주지방법원 2018.12.18 2018고단1773

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The Defendant driven the said vehicle in a state where normal driving is difficult due to the influence of alcohol concentration of 0.132% while drunk, snow was fluored, talked in an inaccurate fluor, etc. on August 2, 2018, while driving the said vehicle on August 2, 2018, at around 02:20, three-lanes of the three-lane road in front of the New Seo-dong Western Park at Jeonsan-gu, Seoul Special Metropolitan City on August 2, 2018.

At the time of night and there was a victim C (48 taxes) who is getting on the electric wheelchairs in front of the defendant, so in such case, the driver of the motor vehicle had a duty of care to prevent the occurrence of the accident in advance by accurately manipulating the steering gear, brakes, etc. while living well on the right and the right and the right and the safety distance while maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in the course of business, neglected to do so, received a wheel chairs of the victimized person from the front part of the Defendant’s vehicle, and caused the injured person to suffer injury to the injured person by abandonment and the pelkeing of the pelke, which is necessary for treatment for about seven weeks.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven an automobile as stated in paragraph (1) above, while under the influence of alcohol of about 0.132% of alcohol concentration from the 4km section of the 4km-dong, Seocheon-dong, Seocheon-dong, Seocheon-dong, Seoul Special Metropolitan City on the front side of Samcheon-gu, Samcheon-gu, Samcheon-do, Seoul Special Metropolitan City on the day indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. A written statement (C);

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

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