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(영문) 전주지방법원 2016.11.08 2016고단1159
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B New Franchise XG car;

On July 16, 2016, the Defendant driven the said car while under the influence of alcohol of 0.208% with blood alcohol concentration of 19:40%, and led to the flow of the two-lane road in front of Kim Jong-si in Kim Jong-si, which is a gold hole from Kim Jong-si to the non-speed speed.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and since they have been a road where traffic on the road was frequent, there was a duty of care to safely drive the motor vehicle, such as making a living well at the front and right-hand traffic situation, accurately manipulating the steering and brake system, and prevent accidents from occurring.

Nevertheless, under the influence of alcohol, the Defendant was under the front part of the vehicle operated by the Defendant, which was driven by the victim D (hereinafter referred to as 52 years of age) who was driving in the same lane as the previous vehicle due to occupational negligence, while neglecting the duty of the previous week.

As a result, the Defendant, by negligence in the course of business, caused the victim D to suffer an injury to the climatic base and tension in need of medical treatment for about two weeks due to the influence of drinking, by negligence in the course of driving the said car, and caused the victim FF (25 years old) to suffer an injury to the climatic base in need of medical treatment for about two weeks, and caused the same victim G (54 years old) to suffer an injury to the climatic base and tension in need of medical treatment for about two weeks.

2. On the same date and time as in paragraph 1, the Defendant driven the car as in paragraph 1 while under the influence of alcohol of about 0.208% in the section of about 5 km from the roads in front of the Agricultural Cooperatives, the Doksan-do Kim Jong-si to the places referred to in paragraph 1.

Summary of Evidence

1. The defendant;

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