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(영문) 전주지방법원 2017.08.29 2017고단903
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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 two 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 Crentop vehicle in a quantity of driver vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 2, 2017, while the Defendant was under the influence of alcohol 0.254% during blood transfusions, the Defendant proceeded along the five-lane road in front of the Jeonju City, Yansan-gu, Mansan-si, Mansan-si, Mansan-si, in accordance with four-lanes toward the direction of the width distance between Manan-do and Manan-do.

At the time, the location is night and a lot of vehicles, so the driver has a duty of care to drive the vehicle in a state of securing the safety distance from the front and the front.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol while neglecting this, and the victim D (53 Do) who was parked for the signal waiting in front of the Defendant’s driving direction was driven by the Defendant’s vehicle behind the Eba vehicle and the part behind the Defendant’s driving vehicle was driven by the front part of the vehicle.

Ultimately, the Defendant, as seen above, suffered from the injury of the victim, by negligence, such as the impossibility of identifying the head in need of approximately two weeks medical treatment, while driving a motor vehicle in a state where normal driving is difficult due to drinking.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a Crentop car in the state of alcohol alcohol level of about 2 km from the G hospital located in Yansan-gu, Seoul Special Self-Governing Province to the place described in paragraph 1.1.

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 whether to drive any danger;

1. A survey report on actual conditions;

1. A statement of blood alcohol;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Aggravation concurrent crimes;

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