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(영문) 전주지방법원 2017.08.22 2017고단883
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. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving) and is engaged in the third cargo vehicle driving.

On December 2, 2017, the Defendant, while under the influence of alcohol level of 0.147% from blood alcohol level on around 18:55, 2017, was driving the said cargo in a state where normal driving is difficult due to the influence of alcohol level of 0.147%, and had the Defendant turn to the right to the right to the unprotective turn in the direct line of 160 former KBS bank face from the bank of the former KBS bank in the former KBS bank.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the defendant was negligent in the course of business in which the victim D(58) who did not fulfill the above duty of care due to the influence of alcohol, and did not discover the E-mail vehicle of the victim D(58) that took place at the same time, and found the above 3 cargo vehicles, and caused the victim, who was making the above 3 cargo vehicle rapidly, to be faced with the chests by hand, thereby causing about 2 weeks of treatment to the victim, thereby suffering from an injury on the chest spawl in need of approximately 2 weeks of treatment.

2. The Defendant, while under the influence of alcohol level of 0.147% during the influence of alcohol level at the border of paragraph (1) 1, driven three cargo vehicles with C, while driving on the road at approximately 100 meters away from the front of the Dondong-gu Jinjin-gu Seoul Metropolitan Government to the place referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

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) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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