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(영문) 전주지방법원 군산지원 2019.03.15 2018고단1227

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 of the final judgment.

Reasons

Punishment of the crime

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

1. On September 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to D Driving) (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"): (a) while driving the said vehicle on the street in front of D, in order to drive the said vehicle on the right side of D in order to walk, and operating the said vehicle without a lane due to the overall elderly welfare plane such as yellow dust, etc. from the left side of the Yellow Myeon Office; (b) despite the duty of care to operate the vehicle accurately with the steering direction and brake system of the vehicle in order to a person driving the vehicle; and (c) in accordance with the road traffic situation and the structure and performance of the vehicle, the vehicle has a duty of care not to drive the vehicle at such speed or in such a manner as to inflict any danger and injury on others; (d) by negligence, the Defendant tried to operate the said part of the vehicle with the right side of the victim's vehicle after stopping the vehicle on the left side of the vehicle after stopping.

Ultimately, the Defendant driven the said marina car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at a section of approximately 60 meters up to D’s front road located in the next day of the I fishing at Hasan-si, following the date and time specified in the above paragraph (1), while under the influence of alcohol 0.199% of alcohol level, the Defendant driven B M&A at a section of about 60 meters.