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(영문) 전주지방법원 2017.01.10 2016고단1650

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On August 21, 2016, the Defendant driven the said car under the influence of alcohol level of 0.187% among blood alcohol level around 04:00, while driving the said car at the speed of 0.187%, and proceeding to the speedless in accordance with one lane among the one-lane one-lanes of the green apartment room in the view of the Heungjin-gu, Seoul. As a vehicle signal is installed in the place of the vehicle at night, the Defendant has a duty of care to keep the signal well, to keep the front door and the left door well, and prevent the accident in advance by driving it.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in temporarily stopping in a red on-and-off line, thereby entering the intersection as is, and proceeding with the right-hand side of the said A-to-low-pur-car without having well seeing the right and the right and the right-hand side of the victim E(46 Do) driving by yellow on the right-hand side of the said A-to-hand-off-off taxi.

As above, Defendant 1 driven while driving under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim E, such as brain-dead, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report;

1. A copy of the report on detection of a driver of a vehicle driving, the report on the circumstances of the driver of the vehicle driving, the report on whether to drive any risk, and the register of users of drinking meters

1. Reports on internal accidents (related to whether to drive any danger and to statements of passengers);

1. Each investigation report (with regard to conversion of the speed of 50 vehicles into the speed of 2 vehicles, acts causing accidents, and specific activities for identifying records of damaged vehicles);

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs, Ma2 Vehicle Track image photographs, video reproducing information photographs, video presses and video press photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc.