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(영문) 전주지방법원 남원지원 2018.12.18 2018고단257

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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 October 19:35, 2018, the Defendant driven a sports cargo vehicle B column B while under the influence of alcohol with approximately 0.148% alcohol concentration in the section of approximately 6km from the source elementary school near the Southern-si, Nam-si, Namwon-si to the front day of the luxus in the Namwon-si, Namwon-si.

2. The Defendant is also a person who is engaged in driving a sports cargo vehicle as a driver of the sports cargo vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 19:3, 2018, the Defendant driven a sports cargo vehicle in the above cocoin with alcohol content of 0.148% in blood around 19:35, and continued to drive a sports cargo vehicle in the above cocoin with approximately 40km in speed in the direction of Chowon-si in front of the two lanes in the direction of Namwon-si, Namwon-si.

Since a crosswalk and signal, etc. for pedestrian traffic are installed and traffic control is carried out, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in accordance with the new signals for those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to do so by negligence while driving in the front side of the Defendant, and thereby was driven by the victim C(37 tax) who was stopped by the cMW X3 car in the front side of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim E (32) who was on board the victim C and the damaged vehicle due to the above occupational negligence in a situation where normal driving is difficult due to the influence of drinking, such as light salt in need of a two-day medical treatment for each of the two-day period, brain salvine in need of a two-day medical treatment to the victim F (56 years old), and the victim G (18 years old) suffered from salvinitiss in need of a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notice of the result of the drinking control;