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(영문) 전주지방법원 정읍지원 2018.02.08 2017고단379

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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. On April 21, 2017, the Defendant, while under the influence of alcohol by 0.141% during blood transfusion on April 13:15, 2017, driven Cpoter cargo vehicles with the degree of alcohol concentration of 0.141%, was driving on the side of the Agdo office in the direction of the Agdo in front of the village in the Hag-gun, Jin-ri, Hag-ri, Hag-ri, the Republic of Korea was driving on the side of the Agdo office in the direction of the Agdo.

There are two main lines, where the center line is installed, and the driver engaged in driving service has a duty of care to safely drive the vehicle.

Nevertheless, the Defendant neglected this and proceeded beyond the central line in a state where it is difficult to drive normally due to influence of drinking, such as the influence of drinking, such as being red in the face while under the influence of alcohol, and as such, received the front part of the victim D(68 ) EX car in front of the said cargo while driving in the opposite line to the Defendant’s proceeding.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as salt fat, etc., which requires approximately two weeks of treatment, and injury to the victim F (V, 64 years of age) who was on board the said car, such as a chest fat, which requires approximately four weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the said cargo vehicle under the influence of alcohol by 0.141% at a section of approximately 2 kilometers from the road in the direction of the Gag-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong, the day indicated in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written diagnosis;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.