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(영문) 전주지방법원 정읍지원 2018.02.22 2017고단353
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of three 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 driving a car in the E Car 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, while under the influence of alcohol 0.213% during blood transfusion, driven the said car as his duties, and led the Defendant to drive the said car on the 0.213%, which is located in the east-gun, Goun-gun, Gowon-gun, the front line of the 1st line road in front of the rooftop-dong village, which is located in the east-gun, by seed, etc.

At the time, the victim F(F) was walking on the right side of the road operated by the Defendant at the time, so in such a case, the driver had a duty of care to properly see the right and the right and the right and the right and the right of the driver and to prevent the accident by accurately manipulating the steering direction and the operating system of the car and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to perform his duty of care in a state of difficulty in driving under normal conditions such as being in an inaccurate and face with red color, as seen above, and caused the above victim to go beyond the above victim on the right part of the front right part of the said car, thereby causing about 20 weeks medical injury to the above victim.

2. The Defendant violated the Road Traffic Act (drinking) driving a car under the influence of alcohol level of approximately 0.213% from the front to the front road of the 1km-dong town located in the front road, which is located in the east-gun, Gowon-gun, Gowon-gun, Gowon-gun, the front road and the front road from the front road to the front road of the pentdong-dong, which is located in the same line, around the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Whether the situation report on the driver's oral statement and the details of use of the measuring instrument for drinking are printed out;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a written reply);

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc.

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