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(영문) 전주지방법원 군산지원 2017.10.18 2017고단895

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 July 8, 2017, the Defendant driven a B-wing and Ⅲ truck under the influence of alcohol concentration of approximately 0.169% from the section of approximately 3km from the 3km of the apartment site located in the Sinsan-dong, Sinsan-dong, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, in around 21:33 on the same day, from the front of the new market located in the Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

2. The defendant is a person who is engaged in driving of the freight B and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 8, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol as set forth in paragraph (1) of around 21:33, and led to the left-hand turn to the right-hand turn to the right-hand turn in the direction of the apartment unit from the direction of the sea-hurg in the direction of the hurg.

Since there is a left-hand turn at all places, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a motor vehicle driving on the opposite lane by reducing the speed or temporarily stopping the motor vehicle and to turn to the left.

Nevertheless, the Defendant neglected to drive normally due to the influence of the above drinking, and instead neglected to do so, the Defendant C (I, 54 years old) was the victim C (I, e.g., the 54 years old) who was driving on the lane in front of the above cargo vehicle driven by the Defendant due to the negligence, and was in the front part of the above cargo vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim C, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation into the actual condition of traffic accidents, on-site photographs;

1. The circumstantial statement report and the circumstantial report of the driver at the main place of business (whether to drive any danger or not);

1. Inquiries about the results of crackdown on drinking driving;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.