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(영문) 전주지방법원 2017.12.26 2017고단1922

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with C highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 1, 2017, the Defendant driven the said car under the influence of alcohol level of 0.158% among blood alcohol level around 00:40 on Oct. 1, 2017, and continued two-lanes of the three-lane roads near E in Yansan-gu, Jeonju-si, Jeonju-si, with the full flow of the water-flowing site at the boundary of the Jeonju Museum.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left and right, and the steering and brake system.

Nevertheless, the Defendant, as a result of the influence of drinking, was negligent in driving while driving in a state where normal driving is difficult due to the influence of drinking and driving without properly examining the front side, and caused the Defendant to suffer injury, such as the string, tension, tension, etc., which requires approximately 2 weeks of treatment, by shocking the back part of the victim F (56 years old) driving in the signal waiting at the front direction of the Defendant’s running.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a vehicle with C low alcohol leveling to 0.158% alcohol level without obtaining a driver’s license on the front side of the Jeonju University located in the Full-gu Seoul Special Self-Governing Province at the time immediately preceding the day set forth in the above paragraph 1 through the front side of the Ethon Road located in D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.