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(영문) 전주지방법원 2017.09.19 2017고단1275
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 dangerous driving) and is engaged in driving of the last car in C.

On June 19, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.252% among blood transfusions on June 18, 2017, and led the Defendant to drive the said car under the influence of alcohol leveling 0.252% due to the influence of alcohol leveling at around 0.18:00, the Defendant driven the said car along the road of one-lane in the front city with the front city, the front city, the peace-dong apartment house, and the front city

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 duty due to the influence of alcohol, which failed to properly operate the steering gear due to the failure to perform such duty of care, and caused the victim's injury, such as climatic salt, tension, etc., which requires approximately one week medical treatment, by taking the front part of the left side of the victim D ( South, 58 years old) driving on the opposite lane.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C C in the influence of alcohol leveling 0.252% of alcohol level on the road at approximately 200 meters away from the 200-meter radius before the end of the Pungsan-gu Pung-dong, Pung-dong, Pung-dong, Pyeong-gu, Seoul, a day-to-day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. A written appraisal of alcohol among bloods;

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. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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