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(영문) 전주지방법원 2017.11.21 2017고단1717
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to the direction of the physical filing distance in the front of the SK Round Round, which is located on the two-way way of the Buck-gu Bucks in the YY-gu Seoul Special Metropolitan City on August 12, 2017.

Since there is no signal apparatus, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents in advance by examining whether there is a motor vehicle driving by reducing speed or temporarily stopping the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to make a right-hand, was driven by the victim D(33 tax) who was proceeding in the direction of physical application at the mobile intersection and was driven by the victim D(33 tax). The front part of the EK7 car was driven by the Defendant as the front part of the said cargo vehicle.

Accordingly, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the injury of the victim, such as open timber, bones salt, tension, etc. requiring approximately three weeks of treatment by negligence in the course of business as above.

2. On August 12, 2017, the Defendant driven the said car at a section of about 500 meters from the street in front of a Yansan-gu, Yansan-gu to the distance front of the interview in the second line in the same Gu, under the influence of alcohol level of 0.230% among the blood alcohol level around 04:35 on August 12, 2017, while under the influence of alcohol level of 0.230%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

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 Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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