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(영문) 전주지방법원 군산지원 2018.07.04 2018고단139

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. The defendant is a person who is engaged in the driving of DMF5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On 21, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.128% from blood alcohol level on 22:30 on 21, 201, and proceeded along the two-lanes in the direction of viewing in the direction of a new transmission distance, when the distance of the two-lanes near the intersection of the private distance is located in the 34th Gyeongpo-ro, Gyeongpo-si, North Korea.

At the time, it is a road near an intersection where signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to operate the steering gear and brake system in a safe way by accurately manipulating the steering gear and brake system while thoroughly seeing the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and was in a state where normal driving is difficult due to influence of drinking, and was in front of the above vehicle, and was in front of the above vehicle, and was in front of the victim E(FM7) driving while stopping at the cross-section signal from the front side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant, in violation of the Road Traffic Act, driven the said SM5 vehicle while under influence of 0.128% alcohol concentration in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on each pain accident, inspection report on the scene of the accident, notification of the results of crackdown on drinking driving, report on the circumstances of the driver in charge of drinking, investigation report, report on whether the driver in charge is in danger, and application of Acts and subordinate statutes to the Acts and subordinate statutes;

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