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(영문) 전주지방법원 2016.11.15 2016고단1066

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On July 1, 2016, at around 00, the Defendant driven the above mix while under the influence of alcohol of 0.118% with a blood alcohol concentration of 0.18%, and proceeded at about 50 km each hour at a speed of 50 km from the front west-gu, Seoul Special Metropolitan City, the front west-gu, and the front 79-lane road in front of the bus stop.

At the time, there was a bus stop in the vicinity at night, and there was a bus stop at the front of that place. Therefore, there was a duty of care to safely drive a vehicle and prevent accidents by safely driving it after checking whether there was another vehicle under stop.

Nevertheless, under the influence of alcohol, the Defendant had the victim C (hereinafter referred to as 48 years old) who was under a stop at the front of the mastmna vehicle driven by the victim C (hereinafter referred to as 48 years old) who was under a stop at the front of the mast and the front part of the mast vehicle, and caused the said vehicle to be pushed ahead of the mast to the front part of the f. bus driven by the victim E (hereinafter referred to as 35 years old) due to its shock.

Ultimately, the Defendant caused the victims to suffer injuries, such as salt, tensions, etc., in need of approximately two weeks of medical treatment by occupational negligence.

As a result, the Defendant driven the above van while it is difficult to drive it normally due to the influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report;

1. A report on detection of the driver, a report on the circumstances of the driver, and a report on whether the driver is in danger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed in the corresponding Article of the Act;